New York Auto Accident Law

A lawyer for car accidents is 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 in front of a judge and jury if necessary.

Some states use a traditional tort liability system while others do not have any fault or add to the auto insurance laws. There are still time limits known as statutes that must be adhered to.

Fault

Determining who is responsible is an important part of the insurance and legal process of claiming. It may appear obvious in certain cases such as rear-end collisions, but often it's not the case. The determination of fault is based upon state laws and auto accident the specific facts of each incident. Certain states have absolute comparative fault. This means that your percentage of fault determines how much of your damages can be recovered.

If you're found to be more than 51% accountable and liable, you could still have a the possibility of recovering some of the damages you suffered with additional coverage such as MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured motorists to utilize their own insurance coverage to cover costs, even if are found to be partially responsible for the crash.

In the aftermath of an accident, it's normal to be shaken up and to want to point the finger at someone else. However, doing this could backfire and result in costly errors in the future. A good lawyer can assist you in avoiding these traps and provide the information you need quickly and efficiently.

Damages

Damages are compensations that compensate victims for financial losses they suffered as a result of a third party's negligence actions. This kind of compensation could be used to pay for a variety of losses, like medical costs and lost wages, income and vehicle property damage. A skilled car accident lawyer will examine receipts, invoices, and other financial documentation to determine precisely the amount of damages you're owed.

Non-economic damages are more difficult to quantify, and often include intangible harms like pain and suffering. This type of compensation is frequently subject to devaluation by insurance providers and it is imperative that you consult a knowledgeable tort attorney to ensure that your damages are appropriately valued.

If you've suffered serious injuries or losses that exceed the limits of insurance coverage in New York, you may be able to escape the no-fault laws and sue for non-economic and economic damages, such as pain and suffering. However, since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault assigned to you. A knowledgeable lawyer will strive to maximize your compensation for damages.

Statute of Limitations

In the event of a car crash the statutes of limitation are the time frames you have to sue for damages. Typically, it is three years but can vary based on the kind of lawsuit as well as the state's laws.

Statutes of limitations are crucial because they guarantee that claims filed in court can be properly investigated before the deadline is up. After this period it could be too late for witnesses, physical artifacts like tire marks and debris may disappear or be destroyed, and public records may be lost.

Witnesses also have a tendency to forget important details with the course of time. For example it is not reasonable to expect witnesses to remember specific details about an accident in a car that occurred 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too quickly after the incident, because it may unfairly disadvantage the jury. It is important to speak with a New York auto accident lawyer as early as you can to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to cover the policy holder and their passengers for their economic losses in an accident regardless of who was responsible for the 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 of insurance pays victims who are injured by uninsured, overinsured, or hit-and-run motorists. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party for damages, including medical bills or property damage. Third parties can also claim the pain and suffering of injuries that are severe enough. Third-party claims are, however, the majority are settled by insurance companies. A skilled lawyer on board can ensure that you get the entire amount of damages available to you.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical bills to lost wages and even lost wages, they can be expensive. An attorney can help determine the person responsible for the accident and pursue compensation from the party responsible.

A lawyer can also ensure that your claim is inclusive of the totality of your losses and expenses. They will consider your current and future expenses, as also physical and emotional anxiety. They will also consider the impact of the injuries you sustained on your health.

In New York, you may be eligible for compensation under your policy's Uninsured Motorist coverage (UM) when the negligent driver was not insured or only carried the minimum amount required by law. This option is discussed with an attorney.

It is important to hire an experienced auto accident lawyer. Their training and expertise puts them in a stronger position to obtain the compensation you deserve. The defendant's insurer will know that your lawyer is prepared to take on the case, which often leads to an offer of a higher settlement.