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New York Auto Accident Law

A lawyer for car accidents is your advocate and will ensure that your part of the story is heard. He or she will negotiate with the insurance provider and present your case in before a judge and jury, if needed.

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

Fault

The process of determining fault is an essential aspect of the legal and insurance claims process. It may appear obvious in some instances, such as rear-end collisions, but often it’s not the case. Fault is determined based on state laws and the specific facts of each incident. Some states apply pure comparative negligence. the proportion of blame you owe in an accident determines the damages you can claim.

Even if you’re determined to be more than 51% accountable there’s a the possibility of recovering some of the damages you suffered with additional coverage, such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws allow injured motorists to make use of their own insurance to cover their expenses even if they’re found partially responsible for the accident.

In the aftermath of an accident, it’s normal to feel a bit shaken up and want to point the finger at someone else. This could lead to costly mistakes and could result in negative consequences. A good lawyer can help you avoid these traps and help you get the answers you require quickly and precisely.

Damages

Damages are compensations that compensate victims for financial loss they suffered because of another’s negligent actions. This type of compensation can cover a variety of expenses, such as medical expenses and lost wages, income, and vehicle property damage. A skilled lawyer for car accidents will review invoices, receipts, and other financial records to determine precisely the amount of damages you are owed.


Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. Insurance firms are known to devalue this type of compensation. It is essential to consult an experienced attorney in tort law to ensure that your damages have been appropriately assessed.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits the possibility exists for you to evade the no-fault system and sue for all of your non-economic and economic damages which includes pain and suffering. However, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will work hard to maximize your compensation for damages.

Statute of Limitations

In the event of a car wreck the statutes of limitations are the period of time that you must sue to recover damages. This can vary from three to five years based on the nature and the state of the lawsuit.

Statutes of limitation are vital, as they ensure that any claim made in court is properly investigated before the deadline expires. After that time it might be difficult to find witnesses. Physical artifacts like debris and tire marks could disappear or become eroded, and public records might be lost.

Witnesses are also prone to forget crucial details with the course of time. It’s unreasonable to think that eyewitnesses would recall all the details of a accident that occurred 15 years ago. A statute of limitations also stops plaintiffs from taking legal action too early after an incident, as it would unfairly prejudice the jury against them. It’s important to contact a New York auto accident lawyer as soon as you can and begin the process.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance is designed to pay the policy holder and their passengers for financial losses in an accident regardless of who was the cause of the accident. 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 compensates victims injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability in the event that they are sued by a third party for damages such as medical bills and property damage. Third parties can also bring claims for pain and suffering when the injury is severe enough to warrant it. However, the majority of third-party claims are resolved through insurance companies. A knowledgeable lawyer can assist you to recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. A lawyer can assist in determining who was responsible for the accident and seek compensation from the party responsible.

A lawyer can also ensure that your claim includes all expenses and losses. They will consider your costs of living as well as emotional and physical anxiety. auto accident law firm orange will also take into account the effects of the injuries you sustained on your health.

In New York, you may be able to claim compensation under your insurance’s Uninsured Motorist coverage (UM) when the negligent driver wasn’t insured or had the minimum amount of insurance required by law. This option is discussed with an attorney.

It is essential to partner with a seasoned lawyer for car accidents. Their education and experience puts them in an ideal position to get you the money you deserve. Your lawyer will inform the defendant’s insurance company know that you are willing to accept the case. This usually results in an increased settlement offer.