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New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is presented. They will negotiate with the insurance company and present your case before a judge and jury if necessary.

Certain states have a tort liability system while others have no-fault laws or auto insurance. There are still time limits known as statutes that must be adhered to.

Fault

Determining fault is an essential element of the legal insurance claims process. In some cases, like rear-end collisions or other similar situations, it may appear evident, but in other cases, it’s not. Fault is determined based on state laws and the specific facts of each incident. Some states have pure comparative fault, where your proportion of the cause determines how much of your damages can be recovered.

Even if your culpability is determined to be higher than 51%, you might still recover some damages you have suffered with additional policies such as MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if are found partially at fault for the incident.

It’s normal for people to be upset and try to blame someone else for an accident. This can result in costly mistakes and result in negative consequences. A competent lawyer will help you avoid these pitfalls and give you the answers you need quickly and accurately.

Damages

Damages are compensations offered to pay victims for financial loss caused by the negligence of another party. This kind of compensation can cover a wide range of losses, like medical expenses as well as lost wages or income and damage to property of vehicles. A car accident lawyer will scrutinize invoices, receipts and other financial documents to determine the amount of damages you’re entitled to.

Non-economic damages are harder to quantify and usually comprise intangible losses such as pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is essential that you consult a skilled tort lawyer to ensure your damages are fairly valued.


In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy you may be able to evade the no-fault system, and sue for all of your non-economic and economic damages as well as pain and suffering. New York is a state that uses comparative negligence, so your claim will be reduced according to the percentage of fault you are assigned. auto accident attorneys rockford will do everything to maximize the amount of damages.

Statute of Limitations

In a case involving a car crash the statute of limitation is the time limit you are required to seek 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 limitation are vital in that they ensure that any claim made in court is properly investigated before the deadline runs out. After that it could be impossible to locate witnesses. Physical artifacts, such as tires and debris may disappear or erode and public records could be misplaced.

Witnesses also have a tendency to forget important details with the passage of time. For instance it’s not realistic to expect eyewitnesses to recall specific details about an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too soon after the incident, because it could prejudice the jury against them. This is why it’s essential 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 have insurance for their cars. This type insurance covers the policyholder’s as well as their passengers’ financial losses, regardless of the cause. 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 of coverage compensates victims injured by uninsured, insufficiently insured, 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 under Bodily Injury liability in the event that the third party sues them for damages such as property damage and medical bills. Third parties can also assert injury and pain that are serious enough. However, the majority of 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. From car damages to medical expenses to lost wages and even lost wages, they can be expensive. An attorney can help determine who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim includes all expenses and losses. They will consider your current and future financial expenses, as well as your physical and emotional distress. In addition, they’ll take into consideration the impact that your injuries have caused on your quality of life.

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

It is important to work with an experienced and knowledgeable auto accident lawyer. Their experience and training puts them in a better position to get you what you’re entitled to. The insurance company of the defendant will be aware that your lawyer is willing to take on the case, which often leads to an increased settlement offer.