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New York Auto Accident Law

An attorney for car accidents is your advocate and will make sure that your side of the story gets told. He or she will negotiate with the insurance company and present your case in front of a judge and jury if needed.

Certain states have the tort liability system as it is in common practice and some have no fault or add to the auto insurance laws. There are still time limits known as statutes which must be followed.

Fault

Determining fault is a crucial element of the legal insurance claims process. It might appear obvious in some instances such as rear-end collisions but generally it’s not. The determination of fault is based on state laws and the specific facts of each incident. Some states have pure comparative fault. In this case, your percentage of the accident determines the amount of damages you are able to recover.

Even if your fault was determined to be higher than 51%, you might still recover some damage you’ve sustained through additional policies such as MedPay and PIP. Certain states also have modified comparative negligence. auto accident lawsuit pasadena permit injured motorists to make use of their own insurance coverage to pay expenses, even if are found to be partially responsible for the crash.

In the aftermath of an accident, it’s common to be shaken up and to want to point the finger at the other person. This can result in costly mistakes and could have a negative impact. A good lawyer can help you avoid these traps and get the answers that you need quickly and accurately.

Damages

Damages are compensations offered to compensate victims for financial losses incurred by another party’s negligence. This kind of compensation can be used to pay for a variety of losses, including medical expenses and lost wages, income and property damage to vehicles. A competent lawyer for car accidents will look over invoices, receipts, and other financial records to determine precisely the amount of special damages you’re owed.

Non-economic damages are harder to quantify and usually include intangible harms like pain and suffering. This type of compensation is frequently subject to devaluation by insurance providers and it is imperative to consult a reputable tort lawyer to ensure your damages are valued fairly.

In New York, if you suffered serious injuries or if your losses surpassed the policy limits the possibility exists for you to escape the no-fault system and pursue for all your economic and non-economic damages which includes suffering and pain. New York is a state that relies on comparative negligence so your claim will be reduced according to the percentage of blame you’re given. A competent lawyer will work hard to maximize your recovery for damages.

Statute of Limitations

In the event of a car wreck, the statutes of limitations are the time limits you are allowed to sue for damages. Typically, this is three years, but may vary based on the kind of lawsuit and the laws of the state.

Statutes of limitations are important as they ensure that claims in court can be properly investigated before the deadline expires. After this time 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 lost.

Witnesses are also prone to lose important information with the passage of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a car accident that occurred 15 years ago. A statute of limitations also restricts 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 it is possible.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for their economic losses if they are involved in an accident, regardless of who was responsible for the fault. This kind of insurance is also 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 insurance policy provides an amount of compensation for victims injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is typically offered in minimum limits of $25,000 per person and $50,000 per accident.


The policyholder is protected by Bodily Injury liability when an outside party sues them for damages, including medical bills and property damage. Third parties can also bring claims for suffering and pain in cases where the injury was serious enough to warrant it. Most third-party claims, however they are settled by insurance companies. Bringing a skilled lawyer to the table can ensure that you recover the maximum amount of damages available to you.

Contact an Attorney

Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. An attorney can help determine who’s fault the incident was, and seek compensation from the person responsible.

A lawyer can also ensure that your claim will cover all of your expenses and losses. They will consider your current and future financial expenses as in addition to physical and emotional suffering. They will also take into account the impact of your injuries on your quality-of-life.

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 claim compensation under your insurance policy’s uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is important to work with an experienced auto accident lawyer. Their education and experience puts them in better position to secure you the amount you’re entitled to. The insurance company of the defendant will be aware that your lawyer is willing to take on the case, which can lead to a higher settlement offer.