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New York Auto Accident Law A car accident lawyer is your advocate, ensuring your side of the story is presented. They will present your case to a judge and jury, if needed and bargain with the insurance company. Some states have the tort liability system, while others have no-fault or auto insurance laws. Regardless, there are still strict time limits known as statutes of limitation that must be observed. Fault Determining who is responsible is an essential element of the insurance and legal process of claiming. In certain instances, such as rear-end collisions, or other similar situations, it might appear straightforward, but in other instances, it's not. The state laws and the facts of each instance are used to determine the degree of fault. Certain states employ pure comparative negligence, where the proportion of fault you have in an accident determines what damages you can claim. If you're found to be more than 51% responsible and liable, you could still have a the chance to recover some of your losses through additional coverage such as MedPay or PIP policies. Additionally, certain states apply modified comparative fault. These laws permit injured motorists to utilize their own insurance to cover their expenses even if they're deemed partially responsible for the collision. Following an accident, it's common to feel a bit shaken up and to want to point the finger at someone else. However, doing this could result in costly mistakes in the long run. A competent lawyer will help you avoid these pitfalls, and provide you with the answers you require quickly and efficiently. Damages Damages are monetary compensations that pay victims for financial losses caused through the negligence of a third party. This kind of compensation can be used to pay for a variety of expenses, such as medical expenses in addition to lost wages or income, and even vehicle property damage. A skilled lawyer for car accidents will look over invoices, receipts, and other financial records to determine the exact amount of special damages you're due. Non-economic damages can be difficult to quantify, and include intangible losses like pain and suffering. This kind of compensation is frequently subject to devaluation by insurance providers and it is imperative to consult a reputable attorney in torts to ensure that your damages are appropriately valued. In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy the possibility exists for you to escape the no-fault system and sue for all your economic and non-economic damages including suffering and pain. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A competent attorney will be able to maximize the damages you can recover. Statute of Limitations In the event of a car accident the statutes for limitation are the timeframes that you must sue to recover damages. This can vary from three years to five depending on the type and state of the lawsuit. Statutes of limitations are important because they ensure that claims made in court can be properly investigated prior to the deadline elapses. After this time it could be too late to locate witnesses, physical evidence such as debris and tire marks can disappear or be eroded, and public records could be lost. Witnesses are also likely to forget important details with the passage of time. For example, it would be unreasonable to expect witnesses to remember detailed information about an accident in a car that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too quickly after the incident, because it could influence the jury. It's important to contact a New York auto accident lawyer as soon as possible and start the process. Insurance All drivers in New York are required by law to carry car insurance. This type of insurance is designed to pay the policyholder and their passengers for their financial losses in an accident, regardless of who was at fault. 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 insurance provides compensation to victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident. The policyholder is covered by Bodily Injury liability in the event that an outside party sues them for damages like medical bills or property damage. Third parties may also be able to claim pain and suffering for injuries that are serious enough. The majority of third party claims, however they are resolved by insurance companies. Employing a competent 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 damage to medical costs to lost wages they can be costly. An attorney can help determine who the primary cause of the accident was and seek compensation from the responsible party. A lawyer can also make sure that your claim is inclusive of all your expenses and losses. They will take into account your current and future financial burdens in addition to your physical and emotional distress. In addition, they will take into account the impact that your injuries have affected your quality of life. In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you may be able to recover under your own policy's uninsured motorist coverage (UM). An attorney can provide you with this possibility. It is crucial to choose a seasoned attorney for car accidents. Their knowledge and training puts them in a better position to get you the amount you're entitled to. Your attorney will let the defendant's insurance company know that you are willing to accept the case. auto accident attorney independence leads to an increase in the settlement offer.