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New York Auto Accident Law

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

Some states have a tort liability system, while others have no-fault or auto insurance laws. Regardless, there are still strict time limitations, referred to as statutes of limitations which must be adhered to.

Fault

The determination of fault is a vital part of the legal and insurance claims process. It might appear obvious in certain cases, such as rear-end collisions, but often it is not the case. Fault is determined based on state laws and the facts of each incident. Some states apply pure comparative negligence. the percentage of fault you have in an accident determines what damages you are able to claim.

Even if your culpability is determined to be more than 51%, you can still be able to recover some damage you’ve sustained through additional policies such as MedPay and PIP. In addition, some states use modified comparative blame. These laws allow injured motorists to make use of their own insurance to cover the cost of their injuries even if they’re partially at fault for the crash.

Following an accident, it’s normal to feel a bit shaken up and to want to point the finger at another person. However, this could cause costly mistakes in the long run. A good lawyer can help you avoid these pitfalls and help you get the answers you require quickly and precisely.

Damages

Damages are the amount paid to help a victim to make up for the financial losses they suffered as a result of a third party’s negligence actions. This type of compensation could be used to pay for a variety of losses, including medical costs in addition to lost wages or income, and vehicle property damage. A car accident lawyer will examine invoices, receipts and other financial documents in order to calculate how much special damages you’re owed.

Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance companies and it is essential to consult a reputable tort lawyer to ensure your damages are properly valued.

If you’ve suffered severe injuries or if the losses exceed the limits of insurance coverage in New York, you may be able escape the no-fault law and file a lawsuit for non-economic and economic injuries, including pain and. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault assigned to you. A skilled lawyer will work hard to maximize the amount of damages.

Statute of Limitations

In the case of a car accident, the statute of limitations is the time frame you can bring a lawsuit to recover damages. Typically, it is three years, but it can differ depending on the nature of lawsuit and state laws.

Statutes of limitation are vital in that they ensure that any claim filed in court is investigated properly before the deadline runs out. After that time, it may be too late to find witnesses, physical evidences such as tire marks and debris may disappear or become eroded, and public records could be lost.

As the years pass, witnesses tend to forget important information. It would be unreasonable to assume that witnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early following an incident since it could unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as early as you can to start the process.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance pays the policyholder and their passengers’ economic losses regardless of the person’s 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 of coverage compensates victims who have been injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third-party for damages, including medical bills or property damage. Third parties can also claim injury and pain that are serious enough. auto accident attorney arvada -party claims, however they are resolved by insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you get the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and costly with everything from vehicle damage to medical bills to lost wages. An attorney can help determine the person responsible for the accident and pursue compensation from the party responsible.


A lawyer can also make sure that your claim is inclusive of all of your expenses and losses. They will consider your financial expenses as well as emotional and physical anxiety. 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 the minimum amount required by law, you might be able to claim compensation under your own insurance policy’s uninsured motorist coverage (UM). An attorney can advise you of this option.

It is important to work with an experienced and knowledgeable auto accident lawyer. Their education and experience puts them in a stronger position to obtain the compensation you’re entitled to. The defendant’s insurer will know that your lawyer is willing to fight the case which often leads to an increased settlement offer.