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New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is told. He or she will negotiate with the insurance company and present your case in the presence of a judge or jury if necessary.

Some states follow an old tort liability system while others do not have any fault or add on auto accident attorney insurance laws. However, there are strict time limits, commonly referred to as statutes of limitations which have to be adhered to.

Fault

The determination of who is at fault is an essential element of the insurance and legal process of claiming. It might appear obvious in some instances, such as rear-end collisions, but usually it is not. The determination of fault is based upon state laws and the facts of each instance. Some states apply pure comparative negligence, where the proportion of blame you owe in an accident determines the damages you are able to claim.

Even if your fault is discovered to be greater than 51%, you could still recover some damages you have suffered with additional policies such as MedPay and PIP. Some states also apply modified comparative negligence. These laws permit injured motorists to make use of their own insurance coverage to cover expenses, even if they are found to be partially responsible for the crash.

Following an accident, it's natural to be shaken and to want to blame someone else. This could lead to costly mistakes and have a negative effect. A good lawyer can assist you in avoiding these traps and give you the answers you require quickly and with precision.

Damages

Damages are compensations made to pay victims for financial losses caused through the negligence of a third party. This kind of compensation can be used to pay for a variety of losses, including medical costs as well as lost wages or income, as well as vehicle property damage. A lawyer for car accidents will examine invoices, receipts and other financial documents to accurately calculate how much special damages you're owed.

Non-economic damages are harder to quantify and typically include intangible damages such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is essential to consult a skilled tort lawyer to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries or if your losses exceeded the policy limits the possibility exists for you to evade the no-fault system by suing for all your non-economic and economic damages which includes suffering and pain. But, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A competent attorney will work hard to maximize the damages you are entitled to.

Statute of Limitations

In the event of a car crash the statute of limitations is the period in which you are required to sue to recover damages. It can range from three to five years depending on the type and state of the lawsuit.

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

As the years pass, witnesses tend to forget important information. For instance it would be untrue to expect witnesses to remember specific details regarding the car crash that occurred 15 years ago. A statute of limitations also prevents plaintiffs from filing legal action too soon after an incident as it will unfairly prejudice a jury against them. This is why it's important to speak with a New York car accident lawyer and start the process as soon as you can.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to cover the policyholder and their passengers for economic losses if they are involved in an accident, regardless of who was the cause of the accident. 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 insurance pays victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is liable under Bodily Injury liability if an outside party sues them for damages like property damage and medical bills. Third parties can also bring a claim for pain and suffering when the injury is severe enough to warrant it. However, most third party claims are resolved through insurance companies. A skilled lawyer can help you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive, from vehicle damages to medical bills to lost wages. A lawyer can assist in determining the person responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim will cover all of your expenses and losses. They will consider your future and auto Accidents present financial expenses as well as emotional and physical stress. They will also consider the impact of your injuries on your life quality.

In New York, if the negligent driver didn't have insurance or only the minimum amount required by law, you may be able recover the amount under your policy's uninsured motorist coverage (UM). An attorney can advise you of this option.

It is crucial to find an experienced lawyer for auto accidents. Their education and experience puts them in a better position to negotiate for the settlement you deserve. The insurance company of the defendant will be aware that your attorney is willing to pursue the case, which often leads to an increased settlement offer.