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New York Auto Accident Law

A lawyer for car accidents is your advocate and will ensure that your account of the incident is heard. They will negotiate with the insurance company and present your case before a judge and jury if necessary.

Some states follow an old tort liability system and some have no fault or add to the auto accident lawyers insurance laws. But, there are strict time limits, commonly referred to as statutes or limitations that have to be adhered to.

Fault

Determining fault is an essential aspect of the legal and insurance claims process. It might appear obvious in some instances, such as rear-end collisions. However, often it's not. The determination of fault is based upon state laws and the facts of each incident. Certain states have pure comparative fault, where your proportion of the fault determines how much of your damages you are able to recover.

Even if the fault determined to be higher than 51%, you could still claim some damages you have suffered with supplemental policies like MedPay and PIP. In addition, some states apply modified comparative responsibility. These laws permit injured motorists to make use of their own insurance coverage to pay costs, even if they are found partially at fault for the incident.

It's normal to be upset and want to blame someone else after an accident. However, this could result in costly mistakes in the long run. A competent lawyer will help you avoid these pitfalls and will provide the information you require quickly and efficiently.

Damages

Damages are compensations offered to pay victims of financial losses caused by the negligence of another party. This type of compensation may cover a wide range of losses, including medical costs as well as lost wages or income as well as damage to the vehicle. A car accident lawyer will examine receipts, invoices and other financial documents to accurately calculate how much special damages you're owed.

Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. This kind of compensation is usually subject to devaluation by insurance providers and it is essential that you consult a knowledgeable tort lawyer to ensure your damages are fairly valued.

In New York, if you suffered serious injuries or if the losses you suffered exceeded the limits of your insurance policy you may be able to avoid the no-fault system by suing for all your economic and non-economic damages, including pain and suffering. But, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributable to you. An experienced attorney will be able to maximize the amount you are able to recover.

Statute of limitations

In a car accident case the statute of limitations is the time limit you have to pursue a lawsuit in order to recover damages. Typically, it is three years however it may differ depending on the nature of lawsuit as well as the state's laws.

Statutes of limitations are crucial as they ensure that any claim made in court is properly investigated prior to the time limit expires. After that, it may be impossible to locate witnesses. Physical artifacts such as debris and tire marks could disappear or get eroded and public records could be lost.

As time passes, witnesses also tend to forget important information. For instance, it would be unreasonable to assume that eyewitnesses will recall specific details about the car crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too late after the accident, since it could disadvantage the jury. This is why it's always important to speak with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to have car insurance. This type insurance covers the policyholder's and their passengers' financial losses regardless of fault. This is referred to 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 offers an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM coverage is usually offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability in the event that they are sued by a third party for damages such as medical bills and property damage. Third parties may also make claims for suffering and pain when the injury is severe enough to warrant. However, the majority of third party claims are resolved through insurance companies. Employing a competent lawyer on board can ensure that you receive the entire amount of damages available to you.

Contact an attorney

Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. An attorney can help determine who's fault the incident was, and then seek compensation from the person responsible.

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

In New York, if the negligent driver didn't have insurance or carried only the minimum amount required by law, you could be able recover the amount under your insurance policy's uninsured motorist coverage (UM). An attorney can advise you of this option.

It is important to work with an experienced lawyer for auto accidents. Their experience and training put them in a better position to get you the money you deserve. The insurance company of the defendant will be aware that your lawyer is willing to fight the case which is often the reason for a higher settlement offer.