Write About Everything

New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is heard. They will present your case to a judge and jury, if needed, and negotiate with the insurance company.

Certain states have an tort liability system while others have no-fault laws or auto insurance. However, there are strict time limits, commonly referred to as statutes of limitations that must be observed.

Fault

Determining fault is an essential part of the legal and insurance claims process. In certain cases, such as rear-end collisions, or other similar circumstances, it may appear obvious, but in many other cases, it’s not. The determination of fault is based on state laws and the specific facts of each case. Certain states have pure comparative fault, where your percentage of fault determines how much of your damages you can recover.

Even if you’re determined to be more than 51% accountable however, you might still have an opportunity to recover some of the damages you suffered with additional coverage, such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured motorists to use their own insurance coverage to cover expenses, even if they are found to be partially responsible for the incident.


It’s normal to be angry and feel the need to blame someone else following an accident. However, doing this could backfire and result in costly mistakes over the long term. A competent lawyer will assist you in avoiding these traps and will provide the information you need quickly and with precision.

Damages

Damages are the amount paid to help a victim to make up for the financial losses they have suffered because of a negligent actions. This type of compensation can be used to pay for a variety of losses, such as medical costs as well as lost wages or income, and even vehicle property damage. A car accident lawyer will review invoices, receipts, and other financial documents in order to determine the amount of damages you’re due.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known to devalue this kind of compensation. It is crucial to consult a skilled lawyer in torts to ensure that your damages are fairly assessed.

In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits, you may be able to evade the no-fault system and pursue for all your economic and non-economic damages including pain and suffering. New York is a state that uses comparative negligence, so your recovery will be reduced depending on the percentage of fault you are assigned. A competent lawyer will strive to maximize the amount you can claim.

Statute of Limitations

In the event of a car accident the statutes of limitations are the time frames that you must sue to recover damages. This can vary from three to five years depending on the nature and the state of the lawsuit.

Statutes of limitation are important because they guarantee that claims brought in court will be thoroughly investigated before the deadline is up. After this time, it may be too late for witnesses, physical evidence such as debris and tire marks can disappear or become eroded, and public records may be misplaced.

As the years pass, witnesses tend to forget important information. It is not reasonable to think that eyewitnesses would recall all the details of a crash that occurred 15 years ago. A statute of limitations also stops 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 essential to speak with a New York car accident lawyer and start the process as soon as you can.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to compensate the policyholder and their passengers for economic losses in the event of an accident, regardless of who was responsible for the fault. This kind of insurance is also 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, insufficiently insured, 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 if they’re sued by a third party to recover damages, like medical bills or property damage. Third parties can also bring claims for pain and suffering in cases where the injury was serious enough to warrant. However, the majority of third-party claims are settled through insurance companies. A skilled lawyer on board can ensure that you are able to recover the maximum amount of damages available to you.

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 who was responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim covers all your expenses and losses. They will take into account your current and future financial expenses as well as the physical and emotional stress you are experiencing. In addition, they’ll take into consideration the impact that your injuries have caused on your quality of life.

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

It is crucial to work with an experienced car accident attorney. Their experience and training put them in better position to secure you the compensation you deserve. Your attorney will let the defendant’s insurance company know that you’re willing to accept the case. auto accident lawsuit moreno valley can lead to an increased settlement offer.