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New York Auto Accident Law

An attorney who handles car accidents is your advocate and will ensure that your part of the story is heard. He or she will discuss your case with the insurance company and argue your case front of a judge and jury, if needed.

Some states have a tort liability system while others have no-fault laws or auto insurance. But, there are strict time limitations, referred to as statutes of limitations that must be adhered to.

Fault

Determining who is responsible is an essential part of the insurance and legal claims process. It might seem obvious in some cases such as rear-end collisions but generally it’s not the case. The state laws and facts of each instance are used to determine the degree of fault. Some states apply pure comparative negligence. the percentage of fault you bear in an accident determines what damages you can claim.

Even if you’re found to be more than 51% responsible and liable, you could still have a an opportunity to recover some of your losses through additional insurance like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to make use of their own insurance to pay for expenses even if they’re found partially at fault for the crash.

It’s normal to feel upset and feel the need to blame someone else following an accident. However, doing so can backfire and lead to costly errors in the future. A good lawyer can help you avoid these traps and provide the information you require quickly and precisely.

Damages

Damages are compensations offered to compensate victims for financial loss caused by the negligence of another party. This type of compensation could be used to cover a variety of losses, including medical costs in addition to lost wages or income, as well as vehicle property damage. A lawyer for car accidents will review invoices, receipts, and other financial documents to accurately calculate how much special damages you’re owed.

Non-economic damages can be difficult to quantify and can include intangible damages such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. auto accident lawsuit bridgeport is essential to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been appropriately assessed.

In New York, if you suffered serious injuries or if your losses were greater than the limits of your insurance policy the possibility exists for you to escape the no-fault system and pursue for all of your non-economic and economic damages which includes suffering and pain. However, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault that is assigned to you. A knowledgeable lawyer will do everything to maximize your recovery for damages.

Statute of limitations

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

Statutes of limitations are crucial as they ensure that claims made in court can be investigated properly before the deadline runs out. After this time it could be impossible to find witnesses. Physical artifacts like tire marks and other debris could disappear or erode and public records could be misplaced.

As time passes, witnesses also tend to forget important details. It would be unreasonable to expect that eyewitnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from taking legal action too early following an incident since it could prejudice the jury against them. It’s important to contact a New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have car insurance. This type of insurance compensates the policyholder’s as well as their passengers’ financial losses regardless of the cause. 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 covers victims who are injured due to uninsured, underinsured or hit-and-run motorists. UM/UIM coverage is usually provided with a minimum limit of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability if the third party sues them for damages like medical bills or property damage. Third parties can also claim suffering and pain for injuries that are severe enough. However, most third-party claims are settled through insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help you determine whose fault the accident was, and then seek compensation from the responsible party.

A lawyer can also make sure that your claim includes your entire expenses and losses. They will take into account the present and future costs of living as well as emotional and physical distress. In addition, they’ll take into account the impact your injuries have caused on your life quality.

In New York, you may be able to claim compensation under your policy’s Uninsured Motorist coverage (UM) if the negligent driver was not insured or had the minimum amount of insurance that is required by law. An attorney can help you understand this option.

It is essential to hire a professional lawyer for your car accident. Their training and expertise puts them in a stronger position to get you what you’re entitled to. Your lawyer will inform the defendant’s insurance company know that you are willing to accept the case. This usually leads to an increase in the settlement offer.