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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 is told. He or she will present your case to a judge and jury, if necessary, and bargain with the insurance company.

Some states use a traditional tort liability system and some states have no fault or add to the auto insurance laws. However, there are strict time limits, also known as statutes of limitations that must be adhered to.

Fault

Determining who is responsible is an important element of the insurance and legal process of claiming. It may appear obvious in certain cases, such as rear-end collisions. However, often it’s not. The degree of fault is determined by state laws and the specific facts of each instance. Some states apply pure comparative negligence, where the proportion of fault you have in an accident determines the damages you are able to claim.

Even if your fault was discovered to be greater than 51%, you might still claim some damages you have suffered with additional policies like MedPay and PIP. Additionally, certain states apply modified comparative fault. These laws permit injured drivers to utilize their own insurance to cover the cost of their injuries even if they’re partly accountable for the incident.

It’s normal for people to be upset and try to blame someone else after an accident. But, this can cause costly mistakes over the long term. A good lawyer can help you avoid these pitfalls and provide the information you need quickly and accurately.

Damages

Damages are compensations offered to compensate victims of financial losses caused through the negligence of a third party. This kind of compensation can cover a wide range of losses, such as medical expenses, lost wages or income and damage to property of vehicles. auto accident lawsuit gilbert for car accidents will scrutinize invoices, receipts and other financial records to calculate accurately the amount of damages you’re due.

Non-economic damages are often difficult to quantify, and can include intangible damages such as pain and suffering. This type of compensation is typically subject to devaluation by insurance companies and it is critical that you consult a knowledgeable tort lawyer to ensure your damages are appropriately valued.


In New York, if you suffered serious injuries, or if the losses you suffered exceeded the policy limits, you may be able to escape the no-fault system and sue for all of your economic and non-economic damages as well as pain and suffering. But, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A competent lawyer will strive to maximize your recovery for damages.

Statute of Limitations

In the event of a car wreck the statutes for limitation are the time limits that you must sue to recover damages. This can vary from three years to five depending on the nature and status of the lawsuit.

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

Witnesses also tend to lose important information with the course of time. 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 also prevents plaintiffs from taking legal action too early following an incident since it will unfairly prejudice a jury against them. This is why it’s always important to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance pays the policyholder’s and passengers’ economic losses, regardless of 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 coverage provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.

The policyholder is liable under Bodily Injury liability if an outside party sues them for damages, such as medical bills or property damage. Third parties can also file claims for pain and suffering for injuries that are severe enough. However, most third party claims are resolved through insurance companies. A skilled lawyer can assist you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help identify who was at fault for the accident and pursue compensation from the responsible party.

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

In New York, if the negligent driver was not covered by insurance or only the minimum amount required by law, you might be able to claim compensation under your own policy’s uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is crucial to find an experienced auto accident lawyer. Their experience and training puts them in a stronger position to negotiate for the settlement you’re entitled to. The insurance company of the defendant will be aware that your lawyer is willing to try the case, which usually results in an increase in settlement offers.