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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 gets told. He or she will argue your case to a judge or jury, if needed, and negotiate with the insurance company.

Some states follow an old tort liability system and some have no fault or add on auto insurance laws. But, there are strict time limitations, referred to as statutes or limitations that must be adhered to.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. In certain instances, such as rear-end collisions or similar situations, it may appear straightforward, but in other cases, it’s not. The state laws and the facts of each instance are used to determine the fault. Certain states have pure comparative fault, where your percentage of the accident determines how much of your damages you are able to recover.

Even if you’re determined to be more than 51% responsible, you may still have a chance to collect some of your losses through additional coverage such as MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws allow injured motorists to make use of their own insurance coverage to pay expenses, even if they are found to be partially responsible for the accident.


After an accident, it’s natural to feel a bit shaken up and want to blame someone else. However, this could result in costly errors in the future. A good lawyer can help you avoid these mistakes, and provide you with the answers you require quickly and efficiently.

auto accident lawyer rochester are the amount paid to compensate a victim for the financial losses they suffered because of another’s negligent actions. The type of compensation offered can cover a wide range of losses, such as medical expenses and lost wages, income and vehicle property damage. A car accident lawyer will scrutinize invoices, receipts, and other financial documents to determine the amount of damages you’re due.

Non-economic damages can be difficult to quantify and may include intangible damage such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is imperative to consult an experienced lawyer in torts to ensure that your damages have been properly assessed.

If you’ve suffered serious injuries or if the losses exceed the policy limits in New York, you may be able to escape the no-fault law by suing for your economic and noneconomic damages, such as pain and suffering. New York is a state which uses comparative negligence which means that your compensation will be reduced based on the percentage of fault you are assigned. A skilled attorney will be able to maximize the damages you can recover.

Statute of Limitations

In the event of a car crash the statute of limitation is the amount of time you have to bring a lawsuit to recover damages. Typically, this is three years but can differ depending on the nature of lawsuit as well as the state’s laws.

Statutes of limitations are crucial as they ensure that claims in court can be thoroughly investigated before the deadline runs out. After this time, it may be too late for witnesses, physical evidence such as tires marks and debris can disappear or be eroded, and public records may be lost.

As time passes, witnesses also tend to forget important information. It’s unreasonable to assume that witnesses could recall all the details of a car crash that occurred 15 years ago. A statute of limitation prohibits plaintiffs from filing a lawsuit too soon after the incident, since it could bias the jury against them. This is why it’s important to consult with a New York car accident lawyer and start the process as soon as you can.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to pay the policy holder and their passengers for their economic losses if they are involved in an accident, regardless of who was the cause of the accident. This is known 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 insurance policy provides an amount of compensation for victims injured by an uninsured or underinsured motorist or in a hit and run accident. 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 case they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also bring a claim for suffering and pain in cases where the injury was serious enough to warrant it. However, most third party claims are settled through insurance companies. Employing a competent lawyer on board can ensure that you receive the entire amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and expensive. From car damage to medical bills to lost wages and even lost wages, they can be expensive. A lawyer can help determine whose fault the accident was, and seek compensation from the responsible party.

A lawyer will also ensure that your claim includes all your expenses and losses. They will look at your present and future financial expenses, as well as your physical and mental distress. They will also take into account the impact of your injuries on your quality-of-life.

In New York, if the negligent driver didn’t have insurance or carried only the minimum amount required by law, you could be able to claim compensation under your own policy’s uninsured motorist coverage (UM). An attorney can advise you of this possibility.

It is important to work with an experienced car accident attorney. Their knowledge and training puts them in the best position to obtain you the money you deserve. The insurer of the defendant will recognize that your attorney is willing to fight the case which often leads to a higher settlement offer.