New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is presented. He or she will bargain with the insurance company and present your case in the presence of a judge or jury if necessary.

Some states have an tort liability system while others have no-fault laws or auto insurance. There are time limitations that are strictly enforced known as statutes which must be followed.

Fault

The process of determining fault is an essential part of the legal and insurance claims process. It may appear obvious in certain cases such as rear-end collisions. However, often it's not. The degree of fault is determined by state laws and the specific facts of each instance. Certain states have pure comparative fault. In this case, your proportion of the fault determines the amount of damages you can recover.

Even if the fault found to be greater than 51%, you could still claim some damage you've sustained through additional policies like MedPay and PIP. Additionally, certain states apply modified comparative fault. These laws allow injured motorists to use their own insurance coverage to cover costs, even if they are found partially at fault in the accident.

It's normal to feel upset and want to blame someone else following an accident. This could lead to costly mistakes and can have a negative effect. A good lawyer can help you avoid these pitfalls and will provide the answers you require quickly and accurately.

Damages

Damages are payments made to pay a victim for financial losses they have suffered as a result of a third party's negligence actions. The type of compensation offered can be used to pay for a variety of losses, auto accident such as medical costs and lost wages, income and property damage to vehicles. A car accident lawyer will review receipts, invoices and other financial documents in order to determine the amount of damages you're entitled to.

Non-economic damages are more difficult to quantify, and often comprise intangible losses such as pain and suffering. This type of compensation is frequently subject to devaluation by insurance providers and it is critical to consult a reputable attorney in torts to ensure that your damages are valued fairly.

In New York, if you suffered serious injuries, or if your losses were greater than the policy limits the possibility exists for you to evade the no-fault system by suing for all your non-economic and economic damages as well as pain and suffering. But, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributable to you. A competent attorney will be able to maximize the amount you are entitled to.

Statute of limitations

In the case of a car accident the statute of limitations is the period in which you can seek damages. This can vary from three years to five depending on the type and state of the lawsuit.

Statutes of limitation are important as they ensure that claims made in court can be thoroughly investigated before the deadline expires. After that time it could be too late to find witnesses, physical artifacts like debris and tire marks can disappear or be destroyed, and public records could be lost.

Witnesses are also prone to forget crucial details with the passage of time. It's unreasonable to expect that eyewitnesses could recall all the details of a crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from seeking legal action too quickly after an incident, as it will unfairly prejudice a jury against them. It's important to contact an New York auto accident lawyer as soon as you can and begin the process.

Insurance

New York law requires all drivers to carry insurance for their cars. 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 at fault. This is also 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 of insurance compensates victims who are injured due to uninsured, overinsured, or hit-and-run drivers. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third party 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 skilled lawyer can help 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 you determine who's fault the incident was, and obtain compensation from the person responsible.

A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will take into account your current and future costs of living as also physical and emotional anxiety. In addition, they'll consider the impact that your injuries have affected your quality of life.

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 the law. This option can be discussed with an attorney.

It is important to work with an experienced auto accident lawyer. Their education and experience puts them in a stronger position to secure the compensation you deserve. Your attorney will let defendant's insurance company know that you're willing to take on the case. This can lead to an increased settlement offer.