New York Auto Accident Law
An attorney for car accidents is your advocate and will make sure that your side of the story gets heard. He or she will present your case to a judge and jury, if needed and bargain with the insurance company.
Some states use a tort liability system that is traditional while others do not have any fault or add on auto insurance laws. There are still strict time limitations known as statutes that must be adhered to.
Fault
Finding out who is to blame is a critical element of the insurance and legal claims process. It might seem obvious in certain instances such as rear-end collisions but generally it’s not. The state laws and facts of each instance are used to determine fault. Certain states employ pure comparative negligence. In this case, the proportion of fault you bear in an accident determines what damages you are entitled to claim.
Even if you’re determined to be more than 51% accountable, you may still have the possibility of recovering some of your damages with additional coverage, such as MedPay or PIP policies. In addition, some states have modified comparative fault. These laws permit injured drivers to use their own insurance to cover expenses even if they’re partly responsible for the collision.
Following an accident, it’s common to feel a bit shaken up and want to blame the other person. This can result in costly mistakes and could have a negative effect. A good lawyer can help you avoid these pitfalls and provide the answers you require quickly and precisely.
Damages
Damages are compensations offered to compensate victims for financial losses caused by another party’s negligence. This kind of compensation can pay for a variety losses, such as medical costs and lost wages, income, as well as vehicle property damage. A skilled lawyer for car accidents will look over receipts, invoices, and other financial records to determine precisely 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 type of compensation. It is important to speak with an experienced and knowledgeable attorney in tort law to ensure that your damages are fairly assessed.
If you’ve suffered serious injuries or losses that exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault law and file a lawsuit for non-economic and economic damages, such as pain and suffering. New York is a state that relies on comparative negligence so your recovery will be reduced based on the percentage of fault you are assigned. A knowledgeable lawyer will be able to maximize your compensation for damages.
Statute of Limitations
In the event of a car crash, the statutes of limitations are the time frames you are allowed to sue for damages. Typically, it is three years, but may differ based on the type of lawsuit and state laws.
Statutes of limitations are crucial because they ensure that any claims filed in court can be properly investigated before the deadline is up. After this period it could be too late for witnesses, physical evidence like tire marks and debris may disappear or be destroyed, and public records can be misplaced.
Witnesses also tend to forget crucial details with the course of time. For example it would be untrue to assume that eyewitnesses will recall the details of an automobile accident that happened 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too quickly after the incident, since it could bias the jury against them. It is important to speak with a New York auto accident lawyer as soon as you can and begin the process.
Insurance
New York law requires all drivers to have insurance for their cars. This type of insurance pays the policyholder and their passengers’ financial losses regardless of fault. This type of insurance is also called 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 of insurance offers compensation if a victim is injured by an uninsured or uninsured driver or in a hit-and-run accident. UM/UIM is typically offered in the amount of $25,000 for a person and $50,000 per accident.
Bodily Injury Liability protects the policyholder in case they are sued by a third party to recover damages, like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are serious enough. However, most third-party claims are settled through insurance companies. A skilled lawyer to the table can ensure that you get the entire amount of damages available to you.
Contact an attorney
Car accidents can be stressful and costly. From car damage to medical costs to lost wages and even lost wages, they can be expensive. A lawyer can help identify the person responsible for the accident and pursue compensation from the responsible party.
A lawyer can also ensure that your claim includes all expenses and losses. They will take into account your current and future financial costs and your physical and mental distress. They will also consider the effects of your injuries on your quality of life.
In New York, if the negligent driver did not have insurance or only carried the minimum amount required by law, you may be able to recover under your own policy’s uninsured motorist coverage (UM). An attorney can assist you with this option.
It is essential to choose an experienced auto accident lawyer. Their education and experience puts them in an ideal position to get you the compensation you deserve. Your lawyer will inform the insurers of the defendants know that you’re willing to take on the case. This usually leads to an increased settlement offer.
