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New York Auto Accident Law

A lawyer for car accidents is your advocate and will make sure that your account of the incident is heard. He or she will present your case to a judge and jury, if needed, and bargain with the insurance company.

Certain states have the tort liability system, while others have no-fault laws or auto insurance. Regardless, there are still strict time limits known as statutes of limitations that must be followed.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. In certain situations, like rear-end collisions or similar situations, it could seem obvious, but in many other instances, it’s not. The degree of fault is determined by state laws and the facts of each incident. Some states apply pure comparative negligence, in which the proportion of fault you have in an accident determines what damages you are able to claim.

If you’re found to be more than 51% accountable there’s a the chance to recover some of your losses through additional insurance like MedPay or PIP policies. In addition, some states apply modified comparative responsibility. auto accident lawsuit dearborn permit injured motorists to make use of their own insurance coverage to pay expenses, even if they are found to be partially responsible for the crash.

After an accident, it’s normal to feel shaken and want to point the finger at someone else. However, doing so can backfire and result in costly mistakes in the long run. A competent lawyer will assist you in avoiding these traps and will provide the answers you require quickly and with precision.

Damages

Damages are the amount paid to compensate a victim for the financial losses they suffered because of another’s negligent actions. This type of compensation can be used to cover a variety of losses, such as medical costs, missed wages or income, and even vehicle property damage. A competent lawyer for car accidents will scrutinize receipts, invoices, and other financial records to determine the exact amount of damages you are owed.

Non-economic damages are often difficult to quantify and include intangible losses like pain and suffering. This kind of compensation is often subject to devaluation by insurance companies and it is imperative to consult with a knowledgeable tort attorney to ensure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits it is possible to escape the no-fault system, and sue for all your economic and non-economic damages, including pain and suffering. New York is a state that has a system of comparative negligence, which means that your compensation will be reduced according to the percentage of blame you’re given. A knowledgeable attorney will be able to maximize the damages you can recover.

Statute of Limitations

In the event of a car crash the statutes of limitation are the period of time you can sue for damages. Typically, this is three years, but it can differ depending on the nature of lawsuit and the laws of the state.

Statutes of limitation are important because they guarantee that claims made in court can be properly investigated before the deadline runs out. After that it might be difficult to find witnesses. Physical artifacts like tire marks and other debris could disappear or erode, and public records might be misplaced.

As the years pass, witnesses tend to forget important information. For example it’s not realistic to assume that eyewitnesses will recall specific details regarding a car accident that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too early after the incident as it could unfairly prejudice the jury against them. This is why it’s crucial to speak with a New York car accident lawyer and start the process as soon as it is possible.

Insurance

New York law requires all drivers to have car insurance. This type of insurance covers the policyholder’s as well as their passengers’ economic losses regardless of fault. This type of insurance is known as 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 offers compensation to victims injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM is typically offered in the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also bring a claim for suffering and pain in cases where the injury was serious enough to warrant. Most third-party claims, however, are settled by insurance companies. A skilled lawyer can help 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 who was at fault for the accident and pursue compensation from the party responsible.

A lawyer can also guarantee that your claim covers all of your expenses and losses. They will assess your current and future financial burdens as well as your physical and mental distress. In addition, they’ll take into consideration the impact that your injuries have caused on your life quality.


In New York, if the negligent driver didn’t have insurance or only carried the minimum amount required by law, you may be able to collect under your insurance policy’s uninsured motorist coverage (UM). An attorney can help you understand this option.

It is crucial to partner with a seasoned attorney for car accidents. Their training and experience put them in a better position to get you the compensation you deserve. The insurer of the defendant will know that your lawyer is prepared to try the case, which is often the reason for an increased settlement offer.