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New York Auto Accident Law A car accident attorney is your advocate and will make sure that your side of the story gets heard He or she will argue your case to a judge or jury if needed and negotiate with the insurance company Some states follow the tort liability system as it is in common practice and some have no fault or add on auto insurance laws But there are strict time limits known as statutes of limitations which must be observed Fault Determining fault is an essential part of the legal and insurance claims process It may seem obvious in certain instances like rearend collisions but often it is not the case Fault is determined based on state laws and the specific facts of each case Some states use pure comparative negligence in which the percentage of blame you owe in an accident determines the damages you are able to claim Even if your culpability is discovered to be greater than 51 you can still be able to recover some damage youve sustained through supplemental policies like MedPay and PIP Certain states also use modified comparative negligence These laws permit injured motorists to utilize their own insurance coverage to cover expenses even if they are found partially at fault for the accident Its normal to feel upset and want to blame someone else following an accident However this could result in costly mistakes in the long run A competent lawyer can help you avoid these pitfalls and help you get the answers you require quickly and efficiently Damages Damages are payments made to compensate a victim for the financial losses they have suffered because of anothers negligent actions This type of compensation could cover a variety of losses including medical costs in addition to lost wages or income and even vehicle property damage A lawyer for car accidents will examine invoices receipts and other financial documents to calculate how much damages youre due Noneconomic damages can be difficult to quantify and include intangible damages like pain and suffering Insurance companies are known for devaluing this kind of compensation It is essential to consult an experienced attorney in tort law to ensure that your damages have been fairly assessed In New York if you suffered serious injuries or if your losses exceeded the limits of your insurance policy it is possible to escape the nofault system and sue for all of your economic and noneconomic damages including suffering and pain But since New York is a comparative negligence state your compensation will be reduced by the percentage of fault assigned to you A skilled lawyer will work hard to maximize your claim for damages Statute of Limitations In a case involving a car crash the statute of limitations is the period in which you are required to bring a lawsuit to recover damages Typically auto accident lawsuit long beach is three years but can differ based on the type of lawsuit and state laws Statutes of limitations are crucial because they ensure that claims brought in court will be properly investigated prior to the deadline is up After this time it may be impossible to locate witnesses Physical artifacts like tires and debris may disappear or become eroded and public records might be lost As time passes witnesses tend to forget important information Its not realistic to think that eyewitnesses would recall all the details of a accident that occurred 15 years ago A statute of limitations also stops plaintiffs from filing legal action too soon after an incident as it would unfairly prejudice the jury against them It is important to speak with a New York auto accident lawyer as quickly as you can in order to 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 the cause of the accident This kind of insurance is also called Personal Injury Protection PIP or nofault insurance In addition to PIP most New York policies include uninsuredunderinsured motorist coverage UMUIM This type of coverage provides an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident UMUIM is typically available in the minimum limit of 25000 per person and 50000 per accident Bodily Injury Liability covers the policyholder in the event that they are sued by a third party to recover damages including medical bills or property damage Third parties can also file a claim for pain and suffering when the injury is severe enough to warrant it However most third party claims are settled through insurance companies A skilled lawyer can help you to recover the maximum amount of damages Contact an Attorney Car accidents are stressful and costly From car damage to medical bills to lost wages They can be costly An attorney can help determine who was responsible for the accident and pursue compensation from the responsible party A lawyer can also ensure that your claim is inclusive of all of your expenses and losses They will take into account your future and present costs of living as along with physical and emotional distress They will also take into account the impact of your injuries on your qualityoflife In New York if the negligent driver did not have insurance or carried only the minimum amount required by law you might be able recover the amount under your insurance policys uninsured motorist coverage UM An attorney can advise you of this possibility It is important to hire an experienced attorney for auto accidents Their knowledge and training puts them in a better position to get you the money you need Your lawyer will let the defendants insurance company know that you are willing to accept the case This usually results in an increase in the settlement amount
