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New York Auto Accident Law

An attorney for car accidents is your advocate and will ensure that your side of the story gets heard. He or she will bargain with the insurance company and present your case the presence of a judge or jury if needed.

Certain states have the tort liability system, while others have no-fault laws or auto accident law firms (read on) insurance. There are strict time limits known as statutes which must be followed.

Fault

Finding out who is to blame is a critical part of the insurance and legal claims process. It may appear obvious in some instances such as rear-end collisions, but often it is not the case. The determination of fault is based upon state laws and the specific facts of each case. Some states use pure comparative negligence, in which the percentage of fault you are responsible for in an accident determines the damages you can claim.

Even if your fault was determined to be more than 51%, you may still claim some damage you've sustained through additional policies such as MedPay and PIP. In addition, some states use modified comparative blame. These laws permit injured motorists to utilize their own insurance coverage to pay expenses, even if they are found partially at fault for the incident.

After an accident, it's natural to be shaken and want to blame the other person. This could lead to costly mistakes and could cause a negative impact. A skilled lawyer can help you avoid these pitfalls and help you get the answers you require quickly and precisely.

Damages

Damages are monetary payments that compensate a victim for the financial losses they have suffered as a result of a third party's negligence actions. This kind of compensation could be used to pay for a variety of losses, such as medical costs and lost wages, income and vehicle property damage. A car accident lawyer will scrutinize invoices, receipts, and other financial documents to accurately calculate how much damages you're entitled to.

Non-economic damages are more difficult to quantify and typically include intangible damages such as pain and suffering. This type of compensation is typically subject to devaluation by insurance companies and it is crucial that you consult a knowledgeable tort lawyer to ensure your damages are fairly valued.

In New York, if you suffered serious injuries or if your losses surpassed the policy limits, you may be able to avoid the no-fault system by suing for all your non-economic and economic damages, including pain and suffering. New York is a state that relies on comparative negligence so your claim will be reduced based on the percentage of blame you are assigned. A competent lawyer will strive to maximize your recovery for damages.

Statute of limitations

In the case of a car accident, the statute of limitations is the time frame you are required to sue to recover damages. It can range from three years to five years, based on the type and state of the lawsuit.

Statutes of limitations are crucial because they guarantee that claims brought in court will be properly investigated prior to the deadline elapses. After this period, it may be too late for witnesses, physical evidences such as the marks of tires and debris could disappear or get eroded and public records can be lost.

Witnesses also tend to lose important information with the passage of time. It's not realistic to believe that eyewitnesses can recall all the details of a crash that took place 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too quickly after the incident, since it could bias the jury against them. This is why it's always crucial to speak with a New York car accident lawyer and begin the process as soon as it is possible.

Insurance

New York law requires all drivers to have insurance on their vehicles. 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 at fault. This is also 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 compensates victims injured by uninsured, underinsured or hit-and-run motorists. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability protects the policyholder in case they are sued by a third party for damages, such as medical bills or property damage. Third parties may also make claims for suffering and pain when the injury is severe enough to warrant it. However, most third-party claims are settled through insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. An attorney can help determine whose fault the accident was, and obtain compensation from the party responsible.

A lawyer can also ensure that your claim covers all expenses and losses. They will consider your costs of living as along with physical and emotional distress. In addition, they will take into consideration the impact that your injuries have caused on your life quality.

In New York, if the negligent driver did not have insurance or carried only the minimum amount required by law, you might be able to recover under your policy's uninsured motorist coverage (UM). An attorney can help you understand this possibility.

It is crucial to find an experienced lawyer for auto accidents. Their education and experience puts them in a stronger position to negotiate for the settlement you're entitled to. The defendant's insurer will know that your lawyer is willing to take on the case, which usually results in an increase in settlement offers.