New York Auto Accident Law
A lawyer for car accidents will be your advocate, ensuring your side of the story is presented. The lawyer will present your case to a judge and jury, if necessary, and bargain with the insurance company.
Certain states have a tort liability system that is traditional and others have no fault or add on auto insurance laws. Regardless, there are still strict time limits, also known as statutes of limitations that must be adhered to.
Fault
Determining fault is a crucial element of the legal insurance claims process. It may appear obvious in some instances like rear-end collisions but generally it's not the case. Fault is determined based on state laws and the specific facts of each instance. Certain states have pure comparative fault. In this case, your proportion of the cause determines how much of your damages you can recover.
Even if you're determined to be more than 51% accountable, you may still have a chance to collect some of your losses through additional coverage such as MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws permit injured motorists to use their own insurance coverage to cover costs, even if they are found partially at fault for the accident.
In the aftermath of an accident, it's normal to be shaken and to feel the need to point the finger at the other person. But, this can result in costly errors in the future. A good lawyer can assist you in avoiding these traps and provide the information you need quickly and accurately.
Damages
Damages are the compensations given to pay victims for financial losses incurred by another party's negligence. This type of compensation may cover a wide range of losses, like medical expenses loss of income or wages and vehicle property damage. A skilled attorney for car accidents will review invoices, receipts, and other financial documentation to determine the exact amount of damages you're owed.
Non-economic damages are often difficult to quantify, and can include intangible damages such as pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is essential to speak with a seasoned tort lawyer to ensure that your damages have been fairly valued.
In New York, if you suffered serious injuries or if the losses you suffered exceeded the policy limits the possibility exists for you to get out of the no-fault system by suing for all your non-economic and economic damages as well as pain and suffering. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributed to you. An experienced attorney will be able to maximize the amount you can recover.
Statute of Limitations
In the event of a car crash the statute of limitation is the time frame you can seek damages. It can range from three to five years depending on the nature and the state of the lawsuit.
Statutes of limitations are crucial, as they ensure that any claim filed in court is properly investigated before the deadline runs out. After this period, it may be too late to locate witnesses, physical evidences such as debris and tire marks can disappear or get eroded and public records could be misplaced.
Witnesses are also likely to forget crucial details with the course of time. For instance, it would be unreasonable to assume that eyewitnesses will recall specific details about an automobile accident that happened 15 years ago. auto accident attorney pomona of limitations forbids plaintiffs from bringing a suit too quickly after the incident, because it may unfairly influence the jury. It is crucial to contact a New York auto accident lawyer as soon as possible and begin the process.
Insurance
New York law requires all drivers to have car insurance. This type insurance covers the policyholder's and their passengers' economic losses, regardless of the fault. This kind of insurance is also known as 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 to victims injured by an uninsured or uninsured 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.
Bodily Injury Liability covers the policyholder if they're sued by a third party to recover damages, such as medical bills or property damage. Third parties may also make a claim for suffering and pain when the injury is severe enough to warrant it. However, the majority of third party claims are settled through insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages.
Contact an attorney
Car accidents can be stressful and expensive with everything from vehicle damages to medical bills to lost wages. A lawyer can assist in determining who was responsible for the accident and pursue compensation from the responsible party.
A lawyer can also ensure that your claim will cover the totality of your losses and expenses. They will take into account the present and future financial expenses as in addition to physical and emotional anxiety. They will also consider the effects of the injuries you sustained on your health.
In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) if the negligent driver wasn't insured or had the minimum amount of insurance that is required by law. This option is discussed with an attorney.
It is important to work with an experienced lawyer for your car accident. Their training and experience put them in an ideal position to get you the amount you're entitled to. The insurance company of the defendant will be aware that your attorney is willing to take on the case, which can lead to a higher settlement offer.