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New York Auto Accident Law





A lawyer who handles car accidents is your advocate, making sure your side of the story is presented. They will present your case to a judge or jury, if needed, and negotiate with the insurance company.

Some states have a tort liability system while others have no-fault laws or auto insurance. But, there are strict time limits known as statutes of limitations which must be followed.

Fault

The process of determining fault is an essential element of the legal and insurance claims process. In certain situations, like rear-end collisions or other similar situations, it might appear straightforward, but in other cases, it's not. The determination of fault is based upon state laws and the facts of each case. Some states apply pure comparative negligence, in which the percentage of fault you are responsible for in an accident determines what damages you can claim.

Even if your fault was determined to be more than 51%, you could still collect some of the losses you've suffered through additional policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if they are found partially at fault for the incident.

It's normal for people to be upset and try to blame someone else following an accident. However, doing this could result in costly errors in the future. A good lawyer can help you avoid these traps and get the answers that you require quickly and precisely.

Damages

Damages are monetary compensations that pay victims for financial losses incurred due to the negligence of another person. This kind of compensation could cover a wide range of losses, like medical costs, lost wages or income and property damage to vehicles. A car accident lawyer will examine invoices, receipts and other financial documents in order to calculate how much special damages you're owed.

Non-economic damages are harder to quantify and usually include intangible damage such as pain and suffering. This type of compensation is often subject to devaluation by insurance providers and it is critical that you consult a skilled lawyer to ensure that your damages are valued fairly.

If you have suffered serious injuries or losses exceed the limits of insurance coverage in New York, you may be able to get around the no-fault law and file a lawsuit for non-economic and financial damages including pain and suffering. But, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault that is assigned to you. A knowledgeable lawyer will do everything to maximize your compensation for damages.

Statute of limitations

In the event of a car crash the statute of limitations is the amount of time you must seek damages. It can range from three to five years based on the type and state of the lawsuit.

Statutes of limitations are crucial as they ensure that claims in court can be thoroughly investigated before the deadline elapses. After this time it could be difficult to find witnesses. Physical artifacts like tires and debris may disappear or get eroded and public records could be misplaced.

As time passes, witnesses also tend to forget important information. It would be unreasonable to assume that witnesses could recall all the details of a crash that took place 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early following an incident since it will unfairly prejudice a jury against them. It is crucial to contact a New York auto accident lawyer as soon as you can and start the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to compensate the policy holder and their passengers for economic losses in the event of an accident, regardless of who was the cause of the accident. 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 compensates victims who are injured due to uninsured, underinsured or hit-and-run drivers. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.

The policyholder is protected by Bodily Injury liability if they are sued by a third party for damages, including property damage and medical bills. Third parties can also file claims for the pain and suffering of injuries that are serious enough. The majority of third-party claims, however they are settled by insurance companies. A competent lawyer can help you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can assist you determine whose fault the accident was and seek compensation from the party responsible.

A lawyer can also ensure that your claim will cover all of your expenses and losses. auto accident lawyer savannah will consider your current and future financial costs as well as the physical and emotional stress you are experiencing. 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 only the minimum amount required by law, you might be able to claim compensation under your own insurance policy's uninsured motorist coverage (UM). An attorney can provide you with this option.

It is essential to choose an experienced lawyer for auto accidents. Their education and experience puts them in the best position to obtain you the amount you're entitled to. Your attorney will let the defendant's insurance company know that you are willing to take on the case. This can lead to an increase in the settlement offer.