New York Auto Accident Law
An attorney who handles car accidents is your advocate and will ensure that your side of the story gets heard. They will negotiate with the insurance provider and present your case in 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 accidents insurance laws. Regardless, there are still strict time limits, also known as statutes of limitation that have to be adhered to.
Fault
Determining fault is a crucial element of the legal and insurance claims process. In certain instances, such as rear-end collisions, or other similar situations, it might seem obvious, but in many other cases, it’s not. The determination of fault is based on state laws and the specific facts of each case. Certain states have pure comparative fault, in which your percentage of fault determines the amount of damages you can recover.
Even if your fault was determined to be more than 51%, you could still be able to recover some damage you’ve sustained through additional policies such as MedPay and PIP. Additionally, certain states apply modified comparative fault. These laws permit injured drivers to utilize their own insurance to pay for expenses even if they’re partially responsible for the collision.
Following an accident, it’s normal to be shaken up and want to blame the other person. But, this can backfire and lead to costly mistakes in the end. A good lawyer can help you avoid these pitfalls and get the answers you require quickly and accurately.
Damages
Damages are the amount paid to help a victim to make up for the financial losses they have suffered because of another’s negligent actions. This type of compensation could pay for a variety damages, including medical expenses and lost wages, income, and vehicular property damage. A skilled car accident lawyer will scrutinize receipts, invoices, and other financial documentation to determine precisely the amount of damages you are owed.
Non-economic damages are more difficult to quantify and usually include intangible damage such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is imperative to consult an experienced lawyer in torts to ensure that your damages have been fairly valued.
In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy you may be able to escape the no-fault system and pursue for all your economic and non-economic damages which includes pain and suffering. New York is a state that has a system of comparative negligence, so your claim will be reduced according to the percentage of blame you’re assigned. A skilled lawyer will work hard to maximize your recovery for Auto Accident damages.
Statute of limitations
In the event of a car wreck, auto accident the statutes of limitations are the period of time you have to sue for damages. It can range from three to five years depending on the nature and status of the lawsuit.
Statutes of limitations are crucial as they ensure that any claim filed in court is investigated properly before the deadline expires. After this period, it may be too late to find witnesses, physical evidences such as the marks of tires and debris could disappear or become eroded, and public records can be lost.
Witnesses also have a tendency to forget key details over the passage of time. For instance it would be untrue to expect witnesses to remember the details of a car accident that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from bringing legal action too soon following an incident since it will unfairly prejudice a jury against them. It’s important to contact a New York auto accident lawyer as early as you can to begin the process.
Insurance
New York law requires all drivers to have car insurance. This type of insurance is designed to compensate the policyholder and their passengers for their economic losses in the event of an accident regardless of who was the cause of the accident. This type of insurance is 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 the victim with compensation if they are injured by an uninsured or underinsured driver or in a hit and run accident. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.
The policyholder is covered by Bodily Injury liability if they are sued by a third party for damages, such as property damage and medical bills. Third parties can also file a claim for pain and suffering if the injury was severe enough to warrant. Third-party claims are, however, the majority are settled by insurance companies. A skilled lawyer can assist you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive in all aspects, from vehicle damage to medical bills to lost wages. A lawyer can help determine who the primary cause of the accident was, and obtain 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 future and present financial expenses as also physical and emotional suffering. They will also consider the impact of your injuries on your life quality.
In New York, you may be eligible for compensation under your policy’s Uninsured Driver coverage (UM) if the negligent driver was not insured or only had the minimum amount of insurance required by law. An attorney can advise you of this possibility.
It is important to work with an experienced auto accident lawyer. Their experience and training puts them in a stronger position to obtain the compensation you’re entitled to. The insurance company of the defendant will be aware that your lawyer is willing to try the case, which often leads to an offer of a higher settlement.