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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, ensuring your side of the story is presented. He or she will present your case to a judge or jury, if needed and negotiate with the insurance company.

Certain states have a tort liability system that is traditional and some have no fault or add on auto insurance laws. There are still time limits known as statutes which must be followed.

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Determining who is responsible is a critical part of the insurance and legal process of claiming. It might appear obvious in certain cases such as rear-end collisions, but usually it’s not. The degree of fault is determined by state laws and the facts of each case. Some states apply pure comparative negligence, in which the percentage of fault you have in an accident determines the damages you can claim.

Even if you’re found be more than 51% accountable there’s a the possibility of recovering some of your damages with supplemental coverage like MedPay or PIP policies. Additionally, certain states apply modified comparative fault. These laws allow injured motorists to use their own insurance coverage to cover costs, even if are found partially at fault for the crash.

Following an accident, it’s common to feel a bit shaken up and want to point the finger at the other person. However, doing this could result in costly mistakes in the long run. A good lawyer can assist you in avoiding these traps, and provide you with the information you require quickly and efficiently.

Damages

Damages are compensations made to compensate victims of financial losses caused by another party’s negligence. This type of compensation can be used to pay for a variety of damages, including medical expenses as well as lost wages or income, and vehicular property damage. A skilled lawyer for car accidents will examine receipts, invoices, and other financial records to accurately calculate the amount of special damages you’re due.

Non-economic damages can be difficult to quantify, and include intangible damages like pain and suffering. Insurance companies are known to devalue this type of compensation. It is important to consult an experienced attorney in tort law to ensure that your damages are fairly assessed.

If you’ve suffered severe injuries or if the losses exceed the policy limits in New York, you may be able to avoid the no-fault law and sue for your economic and noneconomic damages including pain and suffering. However, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will work hard to maximize the amount of damages.

Statute of limitations

In a car accident, the statutes of limitations are the timeframes you have to sue for damages. Typically, it is three years, but may vary based on the kind of lawsuit and the laws of the state.

Statutes of limitations are essential because they guarantee that claims in court can be properly investigated before the deadline runs out. After that it could be impossible to locate witnesses. Physical artifacts, such as tire marks and other debris could disappear or be destroyed and public records could be lost.


Witnesses also tend to forget important details with the passage of time. It would be unreasonable to expect that eyewitnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitation prohibits plaintiffs from bringing a lawsuit too early after the incident since it could influence the jury. It’s important to contact an New York auto accident lawyer as soon as you can and start the process.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance covers the policyholder’s and passengers’ financial losses, regardless of the fault. This type of insurance is also 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 insurance policy provides compensation if a victim is injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party for damages, like medical bills or property damage. Third parties can also claim pain and suffering for injuries that are severe enough. Most third-party claims, however are settled by insurance companies. A knowledgeable lawyer can assist you recover the maximum amount of damages.

Contact an Attorney

Car accidents can be stressful and expensive, from vehicle damage to medical bills to lost wages. A lawyer can assist in determining who was at fault for the accident and seek compensation from the party responsible.

A lawyer can also ensure that your claim will cover all of your expenses and losses. They will consider your current and future financial expenses and your physical and emotional distress. They will also consider the effects of your injuries on your life quality.

In New York, you may be able to claim compensation under your insurance’s Uninsured Motorist coverage (UM) if the negligent driver was not insured or only carried the minimum amount required by law. An attorney can assist you with this possibility.

It is crucial to find an experienced and knowledgeable auto accident lawyer. Their education and experience puts them in a better position to negotiate for the settlement you’re entitled to. The insurer of the defendant will recognize that your attorney is willing to try the case, which often leads to an increase in settlement offers.