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New York Auto Accident Law

A lawyer for car accidents is your advocate and will ensure that your side of the story is heard. He or she will discuss your case with the insurance company and then present your case the presence of a judge or jury, if required.

Some states adhere to an old tort liability system and others have no fault or add to the auto insurance laws. There are time limitations that are strictly enforced known as statutes that must be adhered to.

Fault

Determining fault is a crucial aspect of the legal and insurance claims process. It might appear obvious in certain cases like rear-end collisions but generally it is not. The degree of fault is determined by state laws and the specific facts of each incident. Some states have pure comparative fault, where your percentage of the accident determines the amount of damages you can recover.

Even if your fault is determined to be higher than 51%, you could still be able to recover some damage you’ve sustained through additional policies such as MedPay and PIP. Additionally, certain states have modified comparative fault. These laws allow injured motorists to make use of their own insurance coverage to cover expenses, even if are found partially at fault in the accident.

It’s normal for people to be upset and feel the need to blame someone else after an accident. This could lead to costly mistakes and could result in negative consequences. A good lawyer can assist you in avoiding these traps and will provide the information you need quickly and with precision.

Damages

Damages are the amount paid to help a victim to make up for the financial losses they experienced because of another’s negligent actions. This type of compensation could pay for a variety damages, including medical expenses as well as lost wages or income, and vehicle property damage. A competent lawyer for car accidents will examine invoices, receipts and other financial records to determine the exact amount of special damages you are owed.

Non-economic damages are harder to quantify and usually include intangible harms like pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is crucial to consult with a knowledgeable tort lawyer to ensure your damages are fairly valued.

In New York, if you suffered serious injuries or if your losses exceeded the limits of your insurance policy you may be able to evade the no-fault system and sue for all of your economic and non-economic damages as well as pain and suffering. New York is a state that uses comparative negligence, so your claim will be reduced depending on the percentage of blame you are assigned. A knowledgeable attorney will work hard to maximize the amount you are able to recover.

Statute of Limitations

In the event of a car wreck, the statutes of limitations are the timeframes that you must sue to recover damages. Typically, it is three years, but may vary based on the kind of lawsuit as well as the state’s laws.

Statutes of limitations are essential as they ensure that any claim made in court is investigated properly prior to the time limit expires. After that time it could be too late to identify witnesses, physical evidence such as the marks of tires and debris could disappear or be eroded, and public records could be misplaced.

Witnesses also tend to lose important information with the passage of time. It’s not realistic to think that eyewitnesses would recall all the details of a accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a lawsuit too early after the incident as it could unfairly prejudice the jury against them. This is why it’s always essential to speak with a New York car accident lawyer and begin the process as soon as it is possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder and their passengers’ economic losses regardless of fault. auto accident lawyer chico of insurance is known as 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 insurance offers compensation if a victim is injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM is usually offered with the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability protects the policyholder in case they are sued by a third party to recover damages, including medical bills or property damage. Third parties can also bring a claim for pain and suffering in cases where the injury was serious enough to warrant it. Most third-party claims, however they are settled by insurance companies. A skilled lawyer to the table 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 in all aspects, from vehicle damage to medical bills to lost wages. A lawyer can assist in determining the person responsible for the accident and pursue compensation from the responsible party.

A lawyer can also ensure that your claim covers all of your expenses and losses. They will consider your current and future costs of living as in addition to physical and emotional distress. They will also consider the impact of your injuries on your quality-of-life.

In New York, if the negligent driver did not have insurance or only the minimum amount required by law, you could be able to recover under your insurance policy’s uninsured motorist coverage (UM). An attorney can assist you with this possibility.

It is crucial to partner with a seasoned lawyer for your car accident. Their knowledge and training puts them in better position to secure you the money you need. Your attorney will let the insurance company of the defendant know that you are willing to accept the case. This usually results in an increase in the settlement amount.