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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 presented. He or she will bargain with the insurance company and present your case in front of a judge and jury, if required.

Some states use a tort liability system that is traditional while others do not have any fault or add on auto insurance laws. Regardless, there are still strict time limits, also known as statutes or limitations that have to be adhered to.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. It may appear obvious in certain cases, such as rear-end collisions, but often 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. the proportion of fault you have in an accident determines the damages you can claim.

Even if you’re found be more than 51% responsible and liable, you could still have a a chance to collect certain damages through supplemental coverage like MedPay or PIP policies. Certain states also use modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover costs, even if are found to be partially responsible for the incident.

It’s normal to be upset and try to blame someone else following an accident. However, doing this could backfire and lead to costly mistakes over the long term. A competent lawyer can help you avoid these pitfalls and help you get the answers you require quickly and efficiently.

Damages

Damages are compensations that pay a victim for financial losses they have suffered due to another party’s negligent actions. The type of compensation offered can cover a wide range of losses, such as medical expenses loss of income or wages as well as damage to the vehicle. A competent lawyer for car accidents will examine invoices, receipts and other financial records to determine precisely the amount of damages you’re owed.


Non-economic damages are harder to quantify and typically include intangible damages such as pain and suffering. This type of compensation is usually subject to devaluation by insurance providers and it is crucial that you consult a skilled attorney in torts to ensure that your damages are fairly valued.

In New York, if you suffered serious injuries or if your losses exceeded the policy limits, you may be able to escape the no-fault system, and sue for all of your economic and non-economic damages including pain and suffering. New York is a state which uses comparative negligence therefore your claim will be reduced depending on the percentage of blame you are assigned. A skilled attorney will be able to maximize the damages you are entitled to.

Statute of Limitations

In the case of a car accident, the statute of limitations is the period in which you must bring a lawsuit to recover damages. This can vary from three to five years based on the type and state of the lawsuit.

Statutes of limitations are important because they ensure that any claims in court can be properly investigated prior to the deadline elapses. After that time it could be difficult to locate witnesses. Physical artifacts such as debris and tire marks could disappear or become eroded and public records could be misplaced.

As time passes, witnesses tend to forget important information. It is not reasonable to think that eyewitnesses would recall all the details of a car accident that occurred 15 years ago. A statute of limitations also restricts plaintiffs from taking legal action too early following an incident since it could unfairly prejudice the jury against them. This is why it’s important to speak with a New York car accident lawyer and begin the process as soon as you can.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance pays the policyholder’s as well as their passengers’ financial losses, regardless of fault. 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 insurance pays victims injured by uninsured, underinsured, or hit-and-run motorists. UM/UIM coverage is usually offered with a minimum of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they’re sued by a third party for damages, including medical bills or property damage. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant. The majority of third party claims, however they are resolved by insurance companies. A skilled lawyer on board can help to ensure that you are able to recover the maximum amount of damages available to you.

Contact an attorney

Car accidents can be stressful and costly, from vehicle damage to medical bills to lost wages. A lawyer can help determine who the primary cause of the accident was and seek compensation from the person responsible.

A lawyer can also make sure that your claim includes all expenses and losses. They will look at your present and future financial costs in addition to your emotional and physical distress. They 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 policy’s Uninsured Motorist coverage (UM) when the negligent driver was not insured, or only had the minimum amount of insurance required by the law. An attorney can help you understand this possibility.

It is essential to work with an experienced lawyer for your car accident. Their training and experience put them in better position to secure you the money you need. auto accident attorneys san leandro will let the insurers of the defendants know that you’re willing to take on the case. This can lead to an increase in the settlement amount.