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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. They will negotiate with the insurance company and present your case before a judge and jury, if needed.

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

Fault

Determining who is at fault is a crucial element of the insurance and legal claims process. In certain situations, like rear-end collisions or similar circumstances, it may appear simple, but in others, it is not. The state laws and facts of each instance are used to determine the extent of fault. Certain states have pure comparative fault, in which your percentage of the accident determines the amount of damages can be recovered.

Even if your fault is found to be greater than 51%, you could still be able to recover some losses you’ve suffered through supplemental policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured drivers to make use of their own insurance to cover the cost of their injuries even if they’re deemed partially accountable for the incident.

After an accident, it’s common to be shaken and to feel the need to point the finger at the other person. However, this could backfire and result in costly mistakes over the long term. A good lawyer will help you avoid these pitfalls and provide the information you require quickly and efficiently.

Damages

Damages are the amount paid to compensate victims for financial losses they experienced because of a negligent actions. This type of compensation could cover a variety of losses, including medical costs and lost wages, income, as well as vehicle property damage. A competent lawyer for car accidents will examine receipts, invoices, and other financial records to determine the exact amount of special damages you’re owed.

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

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits it is possible to get out of the no-fault system by suing for all of your non-economic and economic damages as well as suffering and pain. However, as New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault that is assigned to you. A knowledgeable lawyer will do everything to maximize the amount of damages.

Statute of Limitations

In the event of a car wreck, the statutes of limitations are the time frames you have to sue for damages. Typically, this is three years however it may differ based on the type of lawsuit as well as the state’s laws.


Statutes of limitations are essential in that they ensure that any claim filed in court is investigated properly before the deadline runs out. After this period it could be too late to find witnesses, physical evidence such as tires marks and debris can disappear or get eroded and public records may be misplaced.

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 crash that took place 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early after an incident, as it could unfairly prejudice the jury against them. It’s important to contact an New York auto accident lawyer as soon as possible and start the process.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance is designed to compensate the policyholder and their passengers for financial losses in an accident, regardless of who was the cause of the accident. This kind of insurance is also 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 insurance covers victims who have been injured by uninsured, underinsured, or hit-and-run motorists. UM/UIM coverage is typically provided with a limit of $25,000 per person or $50,000 per accident.

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

Contact an attorney

Car accidents can be stressful and expensive. From car damages to medical expenses to lost wages and even lost wages, they can be expensive. auto accident attorneys idaho can assist you determine who is responsible for the accident was, and obtain compensation from the responsible party.

A lawyer can also make sure that your claim includes all your expenses and losses. They will consider the present and future expenses, as along with physical and emotional distress. They will also consider the impact of your injuries on your quality of life.

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

It is important to work with an experienced car accident attorney. Their knowledge and training puts them in better position to secure you the money you deserve. Your attorney will let the insurer of the defendant know that you’re willing to take on the case. This often leads to an increase in the settlement offer.