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New York Auto Accident Law An attorney who handles car accidents is your advocate and will make sure that your account of the incident is heard He or she will negotiate with the insurance provider and present your case front of a judge and jury if needed Some states use a traditional tort liability system and some have no fault or add on auto insurance laws There are still time limits known as statutes which must be followed Fault The process of determining fault is an essential element of the legal and insurance claims process It may appear obvious in some instances like rearend collisions but often its not The state laws and the facts of each instance are used to determine fault Some states use pure comparative negligence in which the percentage of blame you owe in an accident determines the damages you can claim Even if youre found be more than 51 responsible theres a an opportunity to recover some of your damages with additional coverage such as MedPay or PIP policies Additionally certain states apply modified comparative responsibility These laws allow injured motorists to utilize their own insurance coverage to pay expenses even if are found partially at fault for the accident Its normal for people to be upset and try to blame someone else after an accident However doing so can backfire and lead to costly mistakes in the long run A competent lawyer will help you avoid these mistakes and provide you with the answers you need quickly and efficiently Damages Damages are payments made to pay a victim for financial losses they have suffered because of a negligent actions The type of compensation offered can cover a wide range of losses including medical costs lost wages or income and vehicle property damage A car accident lawyer will review invoices receipts and other financial documents to determine the amount of special damages youre owed Noneconomic damages can be difficult to quantify and include intangible damages like pain and suffering This type of compensation is typically subject to devaluation by insurance companies and it is essential to consult with a knowledgeable lawyer to ensure that your damages are valued fairly If youve suffered severe injuries or losses that exceed the limits of insurance coverage in New York you may be able to get around the nofault law and sue for your economic and noneconomic damages including pain and suffering However as New York is a comparative negligence state your claim will be reduced by the percentage of fault assigned to you auto accident attorneys san antonio will work hard to maximize your claim for damages Statute of Limitations In the event of a car wreck the statutes for limitation are the timeframes that you must sue to recover damages Typically this is three years but it can differ based on the type of lawsuit and the states laws Statutes of limitations are important because they ensure that claims brought in court will be properly investigated before the deadline expires After this time it may be too late for witnesses physical evidence such as the marks of tires and debris could disappear or become eroded and public records may be lost As time passes witnesses tend to forget important details It is not reasonable to assume that witnesses could recall all the details of a accident that occurred 15 years ago A statute of limitations prevents plaintiffs from bringing a suit too soon after the incident as it could unfairly disadvantage the jury It is essential to contact an New York auto accident lawyer as early as you can to start the process Insurance All drivers in New York are required by law to carry insurance for their cars This type of insurance compensates the policyholder and their passengers financial losses regardless of the cause 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 coverage compensates victims who are injured due to uninsured underinsured or hitandrun motorists UMUIM coverage is typically provided with a minimum limit of 25000 per person or 50000 per accident The policyholder is covered by Bodily Injury liability in the event that they are sued by a third party for damages like medical bills and property damage Third parties can also bring a claim for pain and suffering when the injury is severe enough to warrant it However the majority of thirdparty claims are settled through insurance companies Bringing a skilled lawyer on board can ensure that you receive the maximum amount of damages available to you Contact an attorney Car accidents can be stressful and costly that range from car damage to medical bills to lost wages An attorney can help determine the person responsible for the accident and seek compensation from the party responsible A lawyer can also ensure that your claim will cover all expenses and losses They will consider your current and future financial expenses as well as your emotional and physical distress In addition they will take into account the impact that your injuries have caused on your quality of life In New York you may be eligible for compensation under your policys Uninsured Driver coverage UM when the negligent driver was not insured or only had the minimum amount of insurance legally required This option is discussed with an attorney It is crucial to partner with a seasoned lawyer for your car accident Their experience and training put them in a better position to get you the money you need The defendants insurer will know that your lawyer is willing to pursue the case which often leads to an offer of a higher settlement
