New York Auto Accident Law

A lawyer for car accidents is your advocate and will make sure that your part of the story is heard. They will negotiate with the insurance provider and then present your case the presence of a judge or jury if needed.

Some states follow the tort liability system as it is in common practice and some states have no fault or add to the auto accidents insurance laws. However, there are strict time limits, also known as statutes or limitations that must be adhered to.

Fault

Determining who is responsible is an important part of the insurance and legal claims process. In some cases, like rear-end collisions and other similar situations, it could appear straightforward, but in other instances, it's not. The state laws and the facts of each instance are used to determine the extent of fault. Some states apply pure comparative negligence, in which the proportion of fault you bear in an accident determines what damages you are able to claim.

Even if you're found to be more than 51% responsible and liable, you could still have a an opportunity to recover certain damages through additional coverage, such as MedPay or PIP policies. Additionally, certain states apply modified comparative responsibility. These laws permit injured drivers to utilize their own insurance to pay for expenses even if they're partially accountable for the incident.

It's normal to feel upset and try to blame someone else following an accident. However, doing so can result in costly mistakes in the long run. A competent lawyer will assist you in avoiding these traps and give you the answers you require quickly and precisely.

Damages

Damages are monetary compensations that compensate victims for financial losses caused through the negligence of a third party. The type of compensation offered can pay for a variety losses, such as medical costs in addition to lost wages or income, as well as vehicle property damage. A skilled lawyer for car accidents will look over invoices, receipts and other financial documentation to determine the exact amount of damages you're owed.

Non-economic damages are often difficult to quantify and can include intangible damages such as pain and suffering. Insurance companies are known to devalue this kind of compensation. It is essential to speak with a seasoned attorney in tort law to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries or if your losses surpassed the limits of your insurance policy it is possible to evade the no-fault system by suing for all of your economic and non-economic damages which includes pain and suffering. New York is a state which uses comparative negligence so your claim will be reduced by the proportion of fault you are assigned. A knowledgeable attorney will work hard to maximize the damages you can recover.

Statute of Limitations

In a case involving a car crash the statute of limitations is the time limit you must sue to recover damages. Typically, it is three years, but it can vary based on the kind of lawsuit and the laws of the state.

Statutes of limitations are crucial as they ensure that any claim filed in court is properly investigated before the deadline is up. After that time it could be too late to find witnesses, physical evidences such as debris and tire marks can disappear or get eroded and public records could be lost.

Witnesses also tend to lose important information with the course of time. It's unreasonable to expect that eyewitnesses could recall all the details of a crash that took place 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too soon after the incident, as it could unfairly disadvantage the jury. It is important to speak with an New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to cover the policyholder and their passengers for their economic losses in an accident regardless of who was the cause of the accident. This is known 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 insurance pays victims who have been injured by uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third-party for damages, including medical bills or property damage. Third parties can also claim pain and suffering for injuries that are serious enough. The majority of third party claims, however, are resolved by insurance companies. Bringing a skilled lawyer on board can ensure that you recover the maximum amount of damages available to you.

Contact an attorney

Car accidents can be stressful and costly. From car damage to medical bills to lost wages they can be costly. A lawyer can help identify the person responsible for the accident and seek compensation from the responsible party.

A lawyer can also guarantee that your claim covers all of your losses and expenses. They will take into account your current and future financial costs as in addition to physical and emotional suffering. They will also consider the impact of the injuries you sustained on your health.

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) in the event that the negligent driver was not insured, or only carried the minimum amount legally required. This option is discussed with an attorney.

It is important to hire an experienced auto accident lawyer. Their education and experience puts them in a better position to secure the compensation you deserve. The insurer of the defendant will recognize that your lawyer is prepared to pursue the case, which usually results in an offer of a higher settlement.