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New York Auto Accident Law

A lawyer for car accidents is your advocate, ensuring your side of the story is presented. He or she will discuss your case with the insurance company and then present your case before a judge and jury, if needed.

Some states adhere to a traditional tort liability system and some states have no fault or add to the auto insurance laws. In any case, 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 insurance claims process. In certain situations, like rear-end collisions or other similar situations, it may appear straightforward, but in other instances, it's not. The determination of fault is based upon state laws and the facts of each instance. Some states have pure comparative fault, in which your percentage of fault determines how much of your damage you can claim.

Even if your culpability is determined to be more than 51%, you may still collect some of the injuries you've suffered as a result of supplemental policies like MedPay and PIP. In addition, some states apply modified comparative responsibility. These laws allow injured motorists to utilize their own insurance to cover their expenses even if they're partly at fault for the crash.





After an accident, it's common to feel shaken and want to blame another person. This can result in costly mistakes and have a negative impact. A competent lawyer can assist you in avoiding these traps and help you get the answers you require quickly and precisely.

Damages

Damages are payments made to compensate victims for financial losses they have suffered as a result of a third party's negligence actions. The type of compensation offered can be used to cover a variety of losses, such as medical costs, lost wages or income and damage to property of vehicles. A skilled attorney for car accidents will look over invoices, receipts, and other financial records to determine the exact amount of damages you are owed.

Non-economic damages can be difficult to quantify and include intangible damages like pain and suffering. This kind of compensation is frequently subject to devaluation by insurance companies and it is imperative that you consult a skilled attorney in torts to ensure that your damages are properly valued.

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 both economic and noneconomic damages, including pain and suffering. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault assigned to you. A skilled attorney will do everything to maximize the damages you can recover.

Statute of limitations

In the event of a car crash the statute of limitations is the time limit you have to pursue a lawsuit in order to recover damages. Typically, this is three years however it may vary depending on the type of lawsuit and state laws.

Statutes of limitations are important as they ensure that claims in court can be thoroughly investigated before the deadline expires. After that it could be impossible to find witnesses. Physical artifacts, such as tire marks and debris could disappear or become eroded, and public records might be lost.

Witnesses are also prone to lose important information with the passage of time. It's unreasonable to think that eyewitnesses would recall all the details of a car crash that occurred 15 years ago. A statute of limitations also stops plaintiffs from seeking legal action too quickly after an incident because it could prejudice the jury against them. This is why it's essential to speak with a New York car accident lawyer and begin the process as soon as you can.

Insurance

New York law requires all drivers to have car insurance. This type of insurance is designed to cover the policyholder and their passengers for economic losses if they are involved in an accident, regardless of who was the cause of the accident. This is also 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 injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM is typically offered in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third party for damages, including medical bills or property damage. Third parties may also be able to claim pain and suffering for injuries that are serious enough. However, the majority of third party claims are resolved through insurance companies. A skilled lawyer on board can ensure that you receive the maximum amount of damages available to you.

Contact an Attorney

Car accidents are stressful and costly. From vehicle injuries to medical costs to lost wages, they can be costly. A lawyer can assist in determining who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also make sure that your claim includes all of your expenses and losses. They will consider your costs of living as along with physical and emotional stress. They will also take into account the effects of your injuries on your quality-of-life.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only had the minimum amount of insurance that is required by law. An attorney can help you understand this option.

It is important to choose a seasoned lawyer for your car accident. Their education and experience puts them in an ideal position to get you the compensation you deserve. auto accident attorneys pennsylvania of the defendant will know that your lawyer is willing to pursue the case, which often leads to an increased settlement offer.