New York Auto Accident Law

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

Some states use an old tort liability system and others have no fault or add to the auto accident attorneys insurance laws. There are time limitations that are strictly enforced known as statutes that must be adhered to.

Fault

Finding out who is to blame is an essential part of the insurance and legal process of claiming. It might seem obvious in some cases like rear-end collisions but generally it's not. The determination of fault is based on state laws and the specific facts of each incident. Some states have pure comparative fault, in which your percentage of fault determines how much of your damages can be recovered.

Even if your culpability is determined to be higher than 51%, you can still recover some injuries you've suffered as a result of additional policies such as MedPay and PIP. Some states also allow modified comparative negligence. These laws allow injured motorists to utilize their own insurance coverage to pay expenses, even if they are found to be partially responsible for the accident.

Following an accident, it's common to feel a bit shaken up and to feel the need to point the finger at another person. However, doing so can cause costly mistakes in the long run. A good lawyer will assist you in avoiding these traps and give you the information you need quickly and efficiently.

Damages

Damages are monetary payments that pay a victim for financial losses they experienced because of another's negligent actions. The type of compensation offered can pay for a variety losses, such as medical costs in addition to lost wages or income, and vehicular property damage. A skilled lawyer for car accidents will examine invoices, receipts, and other financial documentation to calculate accurately the amount of damages you are owed.

Non-economic damages are harder to quantify and typically include intangible damage such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is crucial to speak with a seasoned lawyer in torts to ensure that your damages have been appropriately valued.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy the possibility exists for you to escape the no-fault system, and sue for all your non-economic and economic damages, including suffering and pain. New York is a state that relies on comparative negligence so your claim will be reduced according to the percentage of blame you're given. A competent lawyer will strive to maximize the damages you can claim.

Statute of limitations

In the case of a car accident the statute of limitation is the period in which you are required to bring a lawsuit to recover damages. It can range from three years to five depending on the nature and the state of the lawsuit.

Statutes of limitations are important because they ensure that any claims made in court can be properly investigated before the deadline is up. After this time, it may be too late for witnesses, physical artifacts like the marks of tires and debris could disappear or be destroyed, and public records can be misplaced.

As time passes, witnesses also tend to forget important details. For instance it's not realistic to expect witnesses to remember detailed information about an automobile accident that happened 15 years ago. A statute of limitations also prevents plaintiffs from filing legal action too soon after an incident because it would unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as early as you can to start the process.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance is designed to pay the policyholder 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 coverage provides an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident. 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 automobile property damage. Third parties can also file a claim for suffering and pain if the injury was severe enough to warrant. The majority of third party claims, however they are resolved by insurance companies. Bringing a skilled lawyer to the table can ensure that you get the maximum amount of damages available to you.

Contact an attorney

Car accidents can be stressful and expensive, from vehicle damages to medical bills to lost wages. A lawyer can assist in determining who was at fault for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim includes all expenses and losses. They will take into account your current and future financial costs as well as the physical and emotional stress you are experiencing. Additionally, they will take into consideration the impact that your injuries have had on your life quality.

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

It is important to work with an experienced attorney for auto accidents. Their knowledge and training put them in a stronger position to secure the compensation you're entitled to. The defendant's insurer will know that your lawyer is willing to pursue the case, which often leads to an offer of a higher settlement.