New York Auto Accident Law

A car accident lawyer is your advocate, making sure your side of the story is presented. They will present your case to a judge or jury, if necessary and negotiate with the insurance company.

Some states have a tort liability system while others have no-fault laws or auto accident lawsuits insurance. But, there are strict time limitations, firms referred to as statutes of limitation that have to be adhered to.

Fault

Finding out who is to blame is an important aspect of the insurance and legal claims process. It may seem obvious in certain instances, such as rear-end collisions, but often it is not the case. The state laws and the facts of each case are used to determine the fault. Certain states have pure comparative fault, where your percentage of fault determines the amount of damages you are able to recover.

Even if you're determined to be more than 51% accountable there's a an opportunity to recover some of the damages you suffered with supplemental coverage like MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws permit injured motorists to make use of their own insurance to cover expenses even if they're partly responsible for the collision.

Following an accident, it's natural to feel a bit shaken up and firms want to blame someone else. However, doing so can cause costly mistakes in the end. A good lawyer can help you avoid these pitfalls and provide the information you require quickly and efficiently.

Damages

Damages are payments made to compensate victims for financial losses they experienced because of a negligent actions. This type of compensation may be used to cover a variety of losses, including medical expenses and lost wages, income and property damage to vehicles. A car accident lawyer will scrutinize invoices, receipts and other financial documents in order to calculate how much special damages you're owed.

Non-economic damages are harder to quantify and usually include intangible damages like pain and suffering. Insurance firms are known to devalue this kind of compensation. It is essential to consult a skilled tort attorney to make sure that your damages have been properly assessed.

If you've suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to avoid the no-fault law and sue for non-economic and economic damages, including pain and suffering. New York is a state which uses comparative negligence which means that your compensation will be reduced based on the percentage of blame you are assigned. A knowledgeable lawyer will work hard to maximize your claim for damages.

Statute of Limitations

In the event of a car wreck, the statutes of limitations are the timeframes that you must sue to recover damages. Typically, this is three years but can vary depending on the type of lawsuit and the state's laws.

Statutes of limitations are important because they ensure that any claims in court can be properly investigated prior to the deadline is up. After this time it could be too late to locate witnesses, physical artifacts like debris and tire marks can disappear or become eroded, and public records could be misplaced.

Witnesses are also prone to lose important information with the course of time. For instance it is not reasonable to expect eyewitnesses to recall specific details regarding an automobile accident that happened 15 years ago. A statute of limitations also prevents plaintiffs from bringing legal action too soon after an incident because it would unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as soon as you can and start the process.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance pays the policyholder's and their passengers' economic losses regardless of the cause. This is referred to as no fault insurance or Personal Injury Protection (PIP).

In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of coverage compensates victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is usually offered with a minimum amount of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability if they are sued by a third party for damages such as property damage and medical bills. Third parties can also bring a claim for pain and suffering in cases where the injury was serious enough to warrant it. However, most third-party claims are settled through insurance companies. A skilled lawyer on board can ensure that you get the entire amount of damages available to you.

Contact an attorney

Car accidents can be stressful and costly. From vehicle damage to medical bills to lost wages They can be costly. A lawyer can help determine who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also make sure that your claim will cover all expenses and losses. They will consider your current and future financial expenses and your physical and mental distress. In addition, they'll take into consideration the impact your injuries have caused on your quality of life.

In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you might be able to recover under your own policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is important to choose a seasoned car accident attorney. Their experience and training put them in the best position to obtain you the amount you're entitled to. Your lawyer will let the insurers of the defendants know that you are willing to accept the case. This often leads to an increase in the settlement amount.