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New York Auto Accident Law A lawyer who handles car accidents is your advocate making sure your side of the story is told He or she will bargain with the insurance company and present your case in front of a judge and jury if required Certain states have an tort liability system while others have nofault or auto insurance laws Regardless there are still strict time limits known as statutes of limitations that must be observed Fault The determination of who is at fault is an essential part of the insurance and legal process of claiming It may appear obvious in certain cases such as rearend collisions but often it is not The state laws and the facts of each instance are used to determine fault Some states use pure comparative negligence in which the proportion of fault you have in an accident determines the damages you are entitled to claim Even if youre found be more than 51 accountable you may still have the chance to recover some of your losses through additional coverage such as MedPay or PIP policies Some states also allow modified comparative negligence These laws permit injured motorists to use their own insurance to cover their expenses even if theyre partially at fault for the crash In the aftermath of an accident its normal to feel a bit shaken up and want to blame the other person This can result in costly mistakes and could cause a negative impact A good lawyer will help you avoid these pitfalls and will provide the information you need quickly and with precision Damages Damages are payments made to help a victim to make up for the financial losses they experienced as a result of a third partys negligence actions This kind of compensation could cover a wide range of losses including medical costs as well as lost wages or income and vehicle property damage A skilled lawyer for car accidents will scrutinize invoices receipts and other financial records to accurately calculate the amount of damages you are owed Noneconomic damages are often difficult to quantify and include intangible losses like pain and suffering This type of compensation is often subject to devaluation by insurance companies and it is crucial 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 policy limits in New York you may be able to get around the nofault law and sue for your economic and noneconomic damages such as pain and suffering However as New York is a comparative negligence state your compensation will be reduced by the percentage of fault attributable to you A knowledgeable attorney will work hard to maximize the damages you can recover Statute of limitations In the event of a car wreck the statutes of limitations are the time frames that you must sue to recover damages Typically this is three years but it can vary depending on the type of lawsuit and the laws of the state Statutes of limitations are essential as they ensure that claims brought in court will be properly investigated before the deadline runs out After this time it may be too late to locate witnesses physical evidence such as tire marks and debris may disappear or get eroded and public records may be lost As time passes witnesses also tend to forget important details For instance its not realistic to expect witnesses to remember specific details regarding an accident in a car that occurred 15 years ago A statute of limitations also stops plaintiffs from taking legal action too early after an incident as it could unfairly prejudice the jury against them This is why its always important to speak with a New York car accident lawyer and start the process as soon as it is possible Insurance All drivers in New York are required by law to have car insurance This type of insurance compensates the policyholders as well as their passengers financial losses regardless of the fault This is referred to as no fault insurance or Personal Injury Protection PIP In addition to PIP most New York policies include uninsuredunderinsured motorist coverage UMUIM This type of insurance offers compensation if a victim is injured by an uninsured or underinsured motorist or in a hit and run accident UMUIM coverage is usually provided with a minimum limit of 25000 per person or 50000 per accident auto accident lawyer league city protects the policyholder if they are sued by a third party to recover damages such as medical bills or property damage Third parties may also be able to claim the pain and suffering of injuries that are serious enough The majority of third party claims however are settled by insurance companies Bringing a skilled lawyer on board can help to ensure that you recover the full amount of damages that are available to you Contact an attorney Car accidents can be stressful and costly From car damage to medical costs to lost wages they can be costly An attorney can help determine who was at fault for the accident and seek compensation from the responsible party A lawyer can also ensure that your claim will cover all of your expenses and losses They will look at your present and future financial costs as well as your emotional and physical distress They will also take into account the effects of your injuries on your quality of life In New York you may be eligible for compensation under your policys uninsured motorist coverage UM in the event that the negligent driver was not insured or only had the minimum amount of insurance required by law An attorney can help you understand this possibility It is important to hire an experienced lawyer for auto accidents Their experience and training put them in a better position to get you the compensation you deserve The insurer of the defendant will recognize that your attorney is willing to take on the case which can lead to a higher settlement offer
