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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, making sure your side of the story is heard. He or she will argue your case to a judge and jury, if necessary, and negotiate with the insurance company.

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

Fault

The determination of who is at fault is an essential element of the insurance and legal process of claiming. It may appear obvious in some instances like rear-end collisions but generally it’s not. The state laws and facts of each case are used to determine the degree of fault. Certain states employ pure comparative negligence. In this case, the proportion of fault you bear in an accident determines the damages you are able to claim.

Even if you’re determined to be more than 51% responsible and liable, you could still have a the chance to recover some of the damages you suffered with additional coverage such as MedPay or PIP policies. In addition, some states have modified comparative fault. These laws allow injured motorists to use their own insurance to cover the cost of their injuries even if they’re partly accountable for the incident.

It’s normal to be upset and feel the need to blame someone else after an accident. However, doing this could backfire and lead to costly mistakes in the end. A skilled lawyer can help you avoid these mistakes and get the answers that you require quickly and accurately.

Damages

Damages are compensations that pay a victim for financial loss they suffered because of another’s negligent actions. This kind of compensation could be used to pay for a variety of losses, like medical costs, lost wages or income and damage to property of vehicles. A skilled car accident lawyer will look over invoices, receipts, and other financial documentation to determine precisely the amount of damages you’re due.

Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. This type of compensation is typically subject to devaluation by insurance providers and it is critical that you consult a knowledgeable attorney in torts to ensure that your damages are fairly valued.

If you’ve suffered serious injuries or if the losses exceed the limits of insurance coverage in New York, you may be able escape the no-fault law and sue for your economic and noneconomic damages, including pain and suffering. New York is a state which uses comparative negligence so your recovery will be reduced based on the percentage of blame you are assigned. A skilled lawyer will strive to maximize your claim for damages.

Statute of limitations

In a case involving a car crash, the statute of limitations is the amount of time you can seek damages. Typically, it is three years, but may vary based on the kind of lawsuit and the state’s laws.

Statutes of limitation are important because they ensure that any claim filed in court is investigated properly before the deadline runs out. After that time, it may be too late for witnesses, physical evidence such as the marks of tires and debris could disappear or be eroded, and public records may be misplaced.

As the years pass, witnesses tend to forget important information. It’s not realistic to expect that eyewitnesses could recall all the details of a car accident that occurred 15 years ago. auto accident attorneys glendale of limitations also stops plaintiffs from seeking legal action too quickly after an incident because it would unfairly prejudice the jury against them. This is why it’s always crucial to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder’s and their passengers’ economic losses, regardless of the fault. This is referred to as no fault insurance or Personal Injury Protection (PIP).

In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance compensates victims who are injured by uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is usually provided with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability covers the policyholder in the event that they are sued by a third-party for damages, like medical bills or property damage. Third parties can also file claims for pain and suffering if the injury was severe enough to warrant it. However, the majority of third party claims are resolved through insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly. From car damages to medical expenses to lost wages, they can be costly. An attorney can help determine who was at fault for the accident and seek compensation from the party responsible.

A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will take into account your future and present financial costs as well as emotional and physical suffering. They will also take into account the effects of your injuries on your quality-of-life.


In New York, you may be able to claim compensation under your policy’s Uninsured Driver coverage (UM) when the negligent driver wasn’t insured or carried the minimum amount required by the law. An attorney can help you understand this option.

It is important to hire an experienced auto accident lawyer. Their training and experience put them in the best position to obtain you the money you need. The insurer of the defendant will know that your lawyer is willing to pursue the case, which is often the reason for an increase in settlement offers.