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New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is heard. He or she will discuss your case with the insurance company and present your case front of a judge and jury, if required.

Some states have a tort liability system, while others have no-fault or auto insurance laws. There are still time limits known as statutes that must be adhered to.

Fault

The determination of fault is a vital element of the legal and insurance claims process. In some cases, like rear-end collisions and other similar circumstances, it may appear evident, but in other instances, it’s not. The state laws and facts of each case are used to determine the extent of fault. Certain states employ pure comparative negligence. In this case, the proportion of blame you owe in an accident determines what damages you are entitled to claim.

Even if your fault was discovered to be greater than 51%, you might still collect some of the damage you’ve sustained through supplemental policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws permit injured motorists to use their own insurance coverage to pay costs, even if they are found partially at fault for the incident.

Following an accident, it’s natural to feel a bit shaken up and to want to point the finger at another person. This can lead to costly mistakes and could result in negative consequences. A good lawyer can help you avoid these traps and get the answers that you require quickly and accurately.

Damages

Damages are the compensations given to pay victims for financial loss caused due to the negligence of another person. This type of compensation could be used to pay for a variety of losses, such as medical costs and lost wages, income, and even vehicle property damage. A car accident lawyer will review receipts, invoices and other financial documents to determine the amount of damages you’re due.


Non-economic damages are often difficult to quantify, and may include intangible damage such as pain and suffering. This type of compensation is usually subject to devaluation by insurance companies and it is crucial to consult a reputable lawyer to ensure that your damages are properly valued.

If you’ve suffered serious injuries or losses exceed the policy limits 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 that relies on comparative negligence so your claim will be reduced depending on the percentage of fault you are assigned. A knowledgeable lawyer will strive to maximize the damages you are able to recover.

Statute of Limitations

In the event of a car wreck the statutes of limitations are the timeframes you have to sue for damages. Typically, this is three years, but it can vary depending on the type of lawsuit and the laws of the state.

Statutes of limitations are important as they ensure that claims made in court can be thoroughly investigated before the deadline is up. After that time it could be difficult to locate witnesses. auto accident attorneys rochester as tire marks and other debris could disappear or erode and public records could be misplaced.

Witnesses are also prone to forget key details over the course of time. For instance it’s not realistic to expect witnesses to remember the details of an automobile accident that happened 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon after an incident as it would unfairly prejudice the jury against them. This is why it’s always important to speak with a New York car accident lawyer and start the process as soon as possible.

Insurance

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

Bodily Injury Liability protects the policyholder if they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also assert injury and pain that are serious enough. The majority of third party claims, however are settled by insurance companies. A skilled lawyer can help you to recover the maximum amount of damages.

Contact an Attorney

Car accidents are stressful and expensive. From car damages to medical expenses to lost wages, they can be costly. An attorney can help determine who’s fault the incident was and seek compensation from the responsible party.

A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will assess your current and potential financial costs as well as your physical and mental distress. In addition, they will take into consideration the impact that your injuries have affected your quality of life.

In New York, you may be able to claim compensation under your policy’s Uninsured Driver coverage (UM) if the negligent driver was not insured or only carried the minimum amount that is required by law. This option can be discussed with an attorney.

It is important to work with an experienced and knowledgeable auto accident lawyer. Their training and expertise puts them in a stronger position to obtain the compensation you deserve. 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 settlement offers.