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New York Auto Accident Law

A lawyer for car accidents is your advocate, making sure your side of the story is told. The lawyer will present your case to a judge or jury, if necessary and negotiate with the insurance company.

Some states use a tort liability system that is traditional and some states have no fault or add to the auto insurance laws. In any case, there are strict time limits known as statutes of limitations that must be adhered to.

Fault

Determining fault is an essential part of the legal and insurance claims process. In certain situations, like rear-end collisions, or other similar situations, it could appear obvious, but in many other instances, it’s not. The state laws and facts of each case are used to determine fault. Certain states have pure comparative fault. In this case, your percentage of fault determines the amount of damages you can recover.

Even if your culpability is discovered to be greater than 51%, you may still recover some losses you’ve suffered through additional policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured drivers to utilize their own insurance to cover the cost of their injuries even if they’re deemed partially responsible for the collision.

In the aftermath of an accident, it’s common to feel a bit shaken up and to want to point the finger at someone else. However, this could cause costly errors in the future. A good lawyer can help you avoid these traps and help you get the answers you require quickly and precisely.

Damages

Damages are compensations made to compensate victims for financial losses caused by another party’s negligence. This kind of compensation could cover a variety of losses, like medical expenses, lost wages or income as well as damage to the vehicle. A skilled car accident lawyer will scrutinize invoices, receipts and other financial documentation to determine the exact amount of special damages you’re owed.

Non-economic damages are harder to quantify and often comprise intangible losses such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is essential to speak with an experienced and knowledgeable lawyer in torts to ensure that your damages have been appropriately valued.

If you have suffered serious injuries or if your losses exceed the policy limits in New York, you may be able to get around the no-fault law and sue for non-economic and economic damages, including pain and suffering. However, because New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A skilled lawyer will strive to maximize the amount you are entitled to.

Statute of Limitations

In a car accident the statutes for limitation are the timeframes you can sue for damages. Typically, it is three years, but may differ depending on the nature of lawsuit and the state’s laws.

Statutes of limitations are essential because they ensure that any claims filed in court can be investigated properly before the deadline elapses. After that time, it may be too late to locate witnesses, physical evidence like tires marks and debris can disappear or get eroded and public records can be misplaced.

Witnesses are also likely to forget key details over the course of time. For instance it is not reasonable to expect witnesses to remember the details of a car accident that occurred 15 years ago. A statute of limitations also prevents plaintiffs from seeking legal action too quickly after an incident as it would unfairly prejudice the jury against them. It is essential to contact an New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to cover the policyholder and their passengers for their economic losses in the event of an accident, regardless of who was the cause of the accident. This type of insurance is also called 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 to victims injured by an uninsured or underinsured motorist or in a hit and run accident. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is liable under Bodily Injury liability in the event that they are sued by a third party for damages, such as property damage and medical bills. Third parties can also file claims for the pain and suffering of injuries that are serious enough. Most third-party claims, however they are settled by insurance companies. A skilled 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 help determine who was at fault for the accident and seek compensation from the party responsible.

A lawyer can also ensure that your claim includes all of your expenses and losses. They will assess your current and potential financial costs in addition to the physical and emotional stress you are experiencing. They will also consider the effects of the injuries you sustained on your health.


In New York, you may be eligible for compensation under your policy’s Uninsured Driver coverage (UM) when the negligent driver was not insured or carried the minimum amount that is required by law. An attorney can assist you with this possibility.

It is crucial to work with an experienced attorney for car accidents. auto accident lawsuit lowell and training put them in better position to secure you the money you deserve. The insurer of the defendant will recognize that your lawyer is prepared to try the case, which is often the reason for an increase in settlement offers.