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New York Auto Accident Law


An attorney who handles 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 necessary, and negotiate with the insurance company.

Some states use the tort liability system as it is in common practice and some states have no fault or add on auto insurance laws. There are still time limits known as statutes that must be adhered to.

Fault

Determining who is at fault is an important element of the insurance and legal process of claiming. In auto accident lawsuit sparks , such as rear-end collisions, or other similar situations, it may seem straightforward, but in other cases, it’s not. The state laws and facts of each instance are used to determine the fault. Certain states have pure comparative fault. In this case, your percentage of fault determines the amount of damages you can recover.

Even if you’re found to be more than 51% accountable, you may still have the chance to recover some of your damages with additional coverage, such as MedPay or PIP policies. Some states also allow modified comparative negligence. These laws allow injured motorists to utilize their own insurance coverage to pay costs, even if are found to be partially responsible for the incident.

After an accident, it’s normal to be shaken up and want to point the finger at someone else. This can result in costly mistakes and can have a negative impact. A good lawyer can help you avoid these pitfalls and give you the information you need quickly and efficiently.

Damages

Damages are monetary payments that pay a victim for financial losses they experienced due to another party’s negligent actions. The type of compensation offered can be used to pay for a variety of losses, such as medical expenses loss of income or wages as well as damage to the vehicle. A car accident lawyer will look over invoices, receipts and other financial documents to calculate how much damages you’re entitled to.

Non-economic damages are often difficult to quantify, and can include intangible damages such as pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is critical to consult a reputable tort lawyer to ensure your damages are properly valued.

If you have suffered serious injuries or losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and financial damages, such as pain and suffering. New York is a state which uses comparative negligence therefore your claim will be reduced based on the percentage of blame you’re given. A competent lawyer will strive to maximize your claim for damages.

Statute of Limitations

In the event of a car wreck the statutes of limitation are the time limits that you must sue to recover damages. Typically, it is three years, but it can vary based on the kind of lawsuit and the laws of the state.

Statutes of limitations are essential in that they ensure that any claim made in court is properly investigated prior to the time limit expires. After that time it could be difficult to locate witnesses. Physical artifacts such as tires and debris may disappear or be destroyed and public records could be misplaced.

Witnesses also have a tendency to forget important details with the course of time. For instance it’s not realistic to expect witnesses to remember specific details about an accident in a car that occurred 15 years ago. A statute of limitations also stops plaintiffs from bringing legal action too soon after an incident because it will unfairly prejudice a jury against them. It is important to speak with an New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to reimburse the policy holder and their passengers for financial losses in an accident regardless of who was at 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 compensates victims who are injured by uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability when the third party sues them for damages such as property damage and medical bills. Third parties can also bring claims for suffering and pain in cases where the injury was serious enough to warrant it. The majority of third party claims, however are resolved by insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and costly. From car damages to medical expenses to lost wages They can be costly. A lawyer can help you determine who is responsible for the accident was and seek compensation from the party responsible.

A lawyer can also ensure that your claim covers all expenses and losses. They will look at your present and future financial costs, as well as your physical and emotional distress. They will also consider the effects of your injuries on your life quality.

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

It is essential to choose a seasoned lawyer for your car accident. Their education and experience puts them in better position to secure you the money you need. Your attorney will let the insurers of the defendants know that you’re willing to take on the case. This usually leads to an increase in the settlement offer.