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New York Auto Accident Law A lawyer for car accidents will be your advocate, ensuring your side of the story is told. He or she will argue your case to a judge and jury, if necessary, and negotiate with the insurance company. Some states follow a tort liability system that is traditional and others have no fault or add to the auto insurance laws. There are strict time limits known as statutes which must be followed. Fault The determination of who is at fault is an essential part of the insurance as well as legal process of claiming. It may appear obvious in some instances such as rear-end collisions, but often it's not. The determination of fault is based on state laws and the specific facts of each instance. Some states apply pure comparative negligence, in which the proportion of fault you are responsible for in an accident determines what damages you are entitled to claim. If you're found to be more than 51% responsible however, you might still have the chance to recover some of your losses through additional insurance like MedPay or PIP policies. Some states also allow modified comparative negligence. These laws allow injured drivers to utilize their own insurance to pay for expenses even if they're partly responsible for the accident. It's normal for people to be upset and feel the need to blame someone else after an accident. This can lead to costly mistakes and have a negative effect. A good lawyer will assist you in avoiding these traps, and provide you with the information you need quickly and efficiently. Damages Damages are the compensations given to pay victims for financial losses caused through the negligence of a third party. This type of compensation may be used to pay for a variety of losses, such as medical expenses loss of income or wages and property damage to vehicles. A skilled car accident lawyer will look over invoices, receipts and other financial records to calculate accurately the amount of damages you are owed. auto accident lawsuit hemet -economic damages are harder to quantify and often include intangible damage such as pain and suffering. This type of compensation is usually subject to devaluation by insurance companies and it is critical to consult a reputable tort lawyer to ensure your damages are valued fairly. If you've suffered severe injuries or losses exceed the limits of insurance coverage in New York, you may be able to get around the no-fault law by suing for non-economic and financial injuries, including pain and. However, as New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A knowledgeable lawyer will strive to maximize the damages you are entitled to. Statute of limitations In the event of a car wreck the statutes of limitation are the timeframes that you must sue to recover damages. Typically, this is three years however it may differ based on the type of lawsuit as well as the state's laws. Statutes of limitations are crucial, as they ensure that any claim made in court is properly investigated before the deadline is up. After that it could be difficult to find witnesses. Physical artifacts such as tire marks and other debris could disappear or erode, and public records might be lost. Witnesses also have a tendency to forget important details with the passage of time. For example it's not realistic to expect witnesses to remember specific details regarding an automobile accident that happened 15 years ago. A statute of limitations prohibits plaintiffs from bringing a lawsuit too soon after the incident, as it could unfairly bias the jury against them. It's important to contact an 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 cover the policy holder and their passengers for their 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 provides compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is typically offered with a minimum amount of $25,000 per person or $50,000 per accident. The policyholder is protected by Bodily Injury liability if they are sued by a third party for damages like property damage and medical bills. Third parties can also claim pain and suffering for injuries that are serious enough. However, most third-party claims are settled through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you recover the maximum amount of damages available to you. Contact an attorney Car accidents can be stressful and expensive. From vehicle damages to medical expenses to lost wages, they can be costly. An attorney can help determine who the primary cause of the accident was, and obtain compensation from the responsible party. A lawyer can also make sure that your claim covers all expenses and losses. They will consider the present and future expenses, as well as emotional and physical stress. Additionally, they will take into account the impact your injuries have had on your quality of life. In New York, you may be eligible for compensation under your policy's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only carried the minimum amount that is required by law. This option can be discussed with an attorney. It is important to work with an experienced lawyer for your car accident. Their knowledge and training puts them in the best position to obtain you the compensation you deserve. The insurer of the defendant will know that your attorney is willing to fight the case which is often the reason for an increased settlement offer.