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New York Auto Accident Law An attorney for car accidents is your advocate and will ensure that your account of the incident is heard. They will present your case to a judge and jury, if needed, and negotiate with the insurance company. Some states follow an old tort liability system and some states have no fault or add to the auto insurance laws. Regardless, there are still strict time limits, also known as statutes of limitations that have to be adhered to. Fault The process of determining fault is an essential part of the legal and insurance claims process. In some cases, like rear-end collisions or similar situations, it might seem straightforward, but in others, it is not. The determination of fault is based upon state laws and the facts of each incident. Certain states employ pure comparative negligence, in which the proportion of fault you have in an accident determines the damages you are able to claim. Even if you're determined to be more than 51% accountable however, you might still have a chance to collect some of your losses through additional coverage, such as MedPay or PIP policies. In addition, some states have modified comparative fault. These laws permit injured motorists to use their own insurance coverage to pay expenses, even if are found to be partially responsible for the accident. After an accident, it's common to be shaken and want to blame the other person. This could lead to costly mistakes and result in negative consequences. A skilled lawyer can help you avoid these pitfalls and get the answers that you require quickly and accurately. Damages Damages are compensations that pay a victim for financial losses they suffered because of another's negligent actions. This kind of compensation can cover a variety of losses, such as medical costs, missed wages or income, as well as vehicle property damage. A competent lawyer for car accidents will look over invoices, receipts and other financial records to determine precisely the amount of damages you're owed. Non-economic damages are harder to quantify, and often include intangible harms like pain and suffering. Insurance companies are known to devalue this type of compensation. It is essential to consult a skilled attorney in tort law to ensure that your damages have been appropriately assessed. If you've suffered severe injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law by suing for non-economic and economic damages, such as pain and suffering. However, because New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributed to you. A skilled lawyer will strive to maximize the amount of damages. Statute of limitations In the event of a car wreck the statutes of limitations are the time limits you can sue for damages. Typically, this is three years, but may vary depending on the type of lawsuit as well as the state's laws. Statutes of limitation are important because they ensure that claims in court can be properly investigated before the deadline is up. After that time it could be too late to find witnesses, physical evidence like debris and tire marks can disappear or get eroded and public records may be misplaced. Witnesses are also likely to forget important details with the course of time. It would be unreasonable to assume that witnesses could recall all the details of a accident that occurred 15 years ago. auto accident lawyer meridian of limitations prevents plaintiffs from bringing a lawsuit too soon after the incident, as it could unfairly influence the jury. This is why it's important to speak with a New York car accident lawyer and start the process as soon as possible. Insurance All drivers in New York are required by law to carry car insurance. This type insurance covers the policyholder and their passengers' economic losses regardless of the person's fault. 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 compensates victims who have been injured by uninsured, insufficiently insured, or hit-and-run motorists. UM/UIM is usually offered with the amount of $25,000 for a person and $50,000 per accident. Bodily Injury Liability protects the policyholder in the event that they are sued by a third party for damages, such as medical bills or property damage. Third parties can also file claims for injury and pain that are severe enough. However, most third party claims are resolved through insurance companies. A competent lawyer can help you to recover the maximum amount of damages. Contact an attorney Car accidents can be stressful and expensive, from vehicle damage to medical bills to lost wages. A lawyer can help determine who is responsible for the accident and seek compensation from the responsible party. A lawyer can also ensure that your claim includes all your expenses and losses. They will consider the present and future expenses, as along with physical and emotional distress. In addition, they'll consider the impact your injuries have had on your life quality. In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only had the minimum amount of insurance that is required by law. This option is discussed with an attorney. It is important to partner with a seasoned lawyer for car accidents. Their education and experience puts them in a better position to obtain the compensation you deserve. Your lawyer will inform the defendant's insurance company know that you are willing to take on the case. This often leads to an increase in settlement offers.