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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 told. He or she will bargain with the insurance company and present your case in before a judge and jury, if needed.

Some states use a traditional tort liability system and some have no fault or add to the auto insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

The process of determining fault is an essential aspect of the legal and insurance claims process. It might appear obvious in certain cases, such as rear-end collisions, but usually it is not. The state laws and the facts of each case are used to determine the extent of fault. Certain states have pure comparative fault, in which your percentage of fault determines the amount of damage you can claim.

Even if you’re determined to be more than 51% accountable and liable, you could still have a the chance to recover some of your losses through supplemental coverage like MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws permit injured drivers to make use of their own insurance to pay for expenses even if they’re found partially at fault for the crash.

Following an accident, it’s natural to feel a bit shaken up and want to point the finger at another person. This can result in costly mistakes and result in negative consequences. A good lawyer can help you avoid these mistakes and help you get the answers you require quickly and precisely.

Damages

Damages are compensations offered to pay victims of financial losses caused by another party’s negligence. This kind of compensation could be used to cover a variety of losses, like medical costs loss of income or wages as well as damage to the vehicle. A skilled attorney for car accidents will review invoices, receipts and other financial records to calculate accurately the amount of special damages you’re due.

Non-economic damages are harder to quantify and often include intangible damage like pain and suffering. Insurance firms are known to devalue this type of compensation. It is important to consult a skilled lawyer in torts to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries or if your losses surpassed the limits of your insurance policy it is possible to avoid the no-fault system, and sue for all your economic and non-economic damages which includes pain and suffering. However, because New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will strive to maximize your recovery for damages.

auto accident attorney mount vernon of limitations

In a case involving a car crash the statute of limitations is the amount of time you have to seek damages. It can range from three to five years depending on the nature and condition of the lawsuit.


Statutes of limitation are important because they ensure that any claims filed in court can be properly investigated before the deadline elapses. After this period it could be too late to locate witnesses, physical evidence such as the marks of tires and debris could disappear or be destroyed, and public records may be misplaced.

As the years pass, witnesses tend to forget important information. For example it’s not realistic to expect eyewitnesses to recall detailed information about an automobile accident that happened 15 years ago. A statute of limitation prohibits plaintiffs from bringing a suit too early after the incident because it could prejudice the jury against them. This is why it’s important to speak with a New York car accident lawyer and begin the process as soon as you can.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance compensates the policyholder and their passengers’ economic losses, regardless of the 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 insurance offers compensation to victims injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM coverage is typically offered with a minimum limit of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability when the third party sues them for damages, including medical bills or property damage. Third parties can also file claims for injury and pain that are severe enough. However, most third-party claims are settled through insurance companies. The presence of a knowledgeable lawyer to the table 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. From car injuries to medical costs to lost wages They can be costly. An attorney can help determine whose fault the accident was and seek compensation from the party responsible.

A lawyer can also make sure that your claim is inclusive of your entire expenses and losses. They will take into account your costs of living as along with physical and emotional suffering. In addition, they’ll take into account the impact your injuries have affected your life quality.

In New York, you may be able to claim compensation under your policy’s Uninsured Motorist coverage (UM) when the negligent driver was not insured, or only had the minimum amount of insurance required by law. This option can be discussed with an attorney.

It is important to hire an experienced attorney for auto accidents. Their experience and training put them in a better position to get you the amount you’re entitled to. Your attorney will let insurers of the defendants know that you’re willing to accept the case. This usually leads to an increased settlement offer.