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New York Auto Accident Law

A car accident lawyer is your advocate, making sure your side of the story is told. They will negotiate with the insurance provider and then present your case before a judge and jury if needed.

Certain states have a tort liability system while others have no-fault or auto accidents insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

Finding out who is to blame is an important aspect of the insurance and legal process of claiming. In certain cases, such as rear-end collisions, or other similar situations, it could appear evident, but in other cases, it's not. The state laws and facts of each instance are used to determine the degree of fault. Some states have pure comparative fault, where your percentage of the accident determines the amount of damages you are able to recover.

Even if you're found to be more than 51% responsible however, you might still have a chance to collect some of the damages you suffered with supplemental coverage like MedPay or PIP policies. In addition, some states have modified comparative fault. These laws allow injured drivers to make use of their own insurance to cover the cost of their injuries even if they're partially at fault for the crash.

It's normal to feel upset and feel the need to blame someone else after an accident. This could lead to costly mistakes and could have a negative impact. A good lawyer can assist you in avoiding these traps, and provide you with the answers you require quickly and auto accidents efficiently.

Damages

Damages are compensations made to compensate victims of financial losses caused by another party's negligence. This type of compensation may be used to cover a variety of losses, such as medical costs as well as lost wages or income and property damage to vehicles. A lawyer for car accidents will examine invoices, receipts and other financial documents in order to calculate how much damages you're due.

Non-economic damages are more difficult to quantify and usually include intangible damages such as pain and suffering. This kind of compensation is typically subject to devaluation by insurance providers and it is imperative that you consult a skilled lawyer to ensure that your damages are fairly valued.

If you have suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to get around the no-fault laws and sue for non-economic and economic damages, including pain and suffering. However, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A knowledgeable lawyer will work hard to maximize the amount of damages.

Statute of Limitations

In the event of a car crash, the statutes of limitations are the time limits that you must sue to recover damages. Typically, it is three years however it may differ depending on the nature of lawsuit and the laws of the state.

Statutes of limitations are essential in that they ensure that any claim made in court is properly investigated before the deadline is up. After this period it could be too late to identify witnesses, auto Accidents physical evidence such as the marks of tires and debris could disappear or get eroded and public records may be lost.

As time passes, witnesses tend to forget important details. It's unreasonable to expect that eyewitnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from taking legal action too early after an incident as it could unfairly prejudice the jury against them. This is why it's always important to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to reimburse the policyholder and their passengers for their economic losses in an accident, regardless of who was at fault. This type of insurance is called Personal Injury Protection (PIP) or no-fault insurance.

In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of coverage provides compensation if a victim is injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder in the event that they are sued by a third party to recover damages, including medical bills or property damage. Third parties may also make a claim for pain and suffering if the injury was severe enough to warrant. However, most third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you receive the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and costly with everything from vehicle damage to medical bills to lost wages. A lawyer can help determine who's fault the incident was, and then seek compensation from the responsible party.

A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will take into account the present and future financial expenses as also physical and emotional suffering. In addition, they will take into account the impact your injuries have affected your life quality.

In New York, you may be eligible for compensation under your policy's Uninsured Driver coverage (UM) if the negligent driver wasn't insured or had the minimum amount of insurance required by law. An attorney can advise you of this possibility.

It is essential to choose an experienced lawyer for auto accidents. Their education and experience puts them in a better position to obtain the compensation you're entitled to. Your attorney will let insurance company of the defendant know that you are willing to take on the case. This often leads to an increase in the settlement offer.