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New York Auto Accident Law

A lawyer for car accidents is your advocate, making sure your side of the story is heard. He or she will bargain with the insurance company and argue your case the presence of a judge or jury, if required.

Some states follow a traditional tort liability system and others have no fault or add on auto insurance laws. In any case, there are strict time limitations, referred to as statutes of limitations which must be adhered to.

Fault

Determining who is responsible is a crucial element of the insurance and legal process of claiming. It may appear obvious in certain cases such as rear-end collisions. However, often it is not. The state laws and the facts of each instance are used to determine fault. Some states apply pure comparative negligence, where the percentage of fault you bear in an accident determines the damages you are entitled to claim.

Even if you’re found to be more than 51% accountable however, you might still have an opportunity to recover certain damages through additional coverage, such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to pay expenses, even if they are found partially at fault in the accident.

After an accident, it’s common to feel shaken and to feel the need to point the finger at someone else. However, doing this could cause costly mistakes in the long run. A good lawyer can help you avoid these mistakes and help you get the answers you need quickly and accurately.

Damages

Damages are monetary payments that compensate a victim for the financial losses they suffered due to another party’s negligent actions. The type of compensation offered can be used to pay for a variety of losses, such as medical costs and lost wages, income, as well as vehicle property damage. A competent lawyer for car accidents will look over invoices, receipts, and other financial records to determine the exact amount of special damages you’re owed.


Non-economic damages are more difficult to quantify and usually include intangible damages like pain and suffering. This type of compensation is usually subject to devaluation by insurance companies and it is critical to consult a reputable lawyer to ensure that your damages are valued fairly.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits you may be able to avoid the no-fault system by suing for all your economic and non-economic damages including pain and suffering. New York is a state that relies on comparative negligence which means that your compensation will be reduced according to the percentage of blame you’re given. A skilled lawyer will work hard to maximize the amount of damages.

Statute of limitations

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

Statutes of limitation are important because they guarantee that claims brought in court will be properly investigated before the deadline expires. After this time it could be too late to identify witnesses, physical evidences such as tires marks and debris can disappear or get eroded and public records may be lost.

As time passes, witnesses also tend to forget important details. It would be unreasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too quickly after the incident, since it could prejudice the jury against them. It’s important to contact an New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to reimburse the policyholder and their passengers for their economic losses in the event of an accident, regardless of who was responsible for the 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 compensates victims injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM is typically available in minimum limits of $25,000 per person and $50,000 per accident.

auto accident law firm bloomington protects the policyholder if they’re sued by a third-party for damages, including medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are serious enough. However, the majority of third party claims are resolved through insurance companies. A skilled lawyer on board can help to ensure that you are able to recover the full amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and costly, from vehicle damages to medical bills to lost wages. A lawyer can help determine who was responsible for the accident and seek compensation from the responsible party.

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

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

It is important to work with an experienced and knowledgeable auto accident lawyer. Their training and experience put them in an ideal position to get you the money you need. Your lawyer will inform the defendant’s insurance company know that you’re willing to take on the case. This can lead to an increase in settlement offers.