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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 argue your case to a judge or jury, if needed, and negotiate with the insurance company. Certain states have a tort liability system, while others have no-fault laws or auto insurance. There are strict time limits known as statutes which must be followed. Fault Determining fault is an essential element of the legal and insurance claims process. It might appear obvious in certain cases such as rear-end collisions. However, often it's not the case. The state laws and the facts of each case are used to determine fault. Some states have pure comparative fault, in which your proportion of the fault determines the amount of damages can be recovered. If you're found to be more than 51% accountable and liable, you could still have a a chance to collect certain damages through supplemental coverage like MedPay or PIP policies. Some states also apply modified comparative negligence. These laws allow injured motorists to make use of their own insurance coverage to pay costs, even if are found partially at fault for the crash. It's normal to feel upset and feel the need to blame someone else following an accident. This can lead to costly mistakes and can have a negative impact. A competent lawyer will help you avoid these pitfalls and give you the information you require quickly and with precision. Damages Damages are monetary compensations that compensate victims for financial losses incurred through the negligence of a third party. This type of compensation may cover a variety of losses, such as medical costs and lost wages, income and property damage to vehicles. A car accident lawyer will look over receipts, invoices and other financial documents to accurately calculate how much special damages you're owed. Non-economic damages are harder to quantify and usually include intangible damages like pain and suffering. This type of compensation is frequently subject to devaluation by insurance companies and it is imperative to consult a reputable attorney in torts to ensure that your damages are appropriately valued. If you've suffered serious injuries or losses exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault law by suing for non-economic and economic damages, such as pain and suffering. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A competent attorney will be able to maximize the damages you can recover. Statute of Limitations In a case involving a car crash the statute of limitation is the time frame you have to seek damages. Typically, it is three years, but it can differ based on the type of lawsuit and the state's laws. Statutes of limitations are important because they ensure that claims in court can be investigated properly before the deadline is up. After auto accident attorneys greensboro , it may be too late to locate witnesses, physical evidence like the marks of tires and debris could disappear or be eroded, and public records can be misplaced. As the years pass, witnesses tend to forget important details. It's not realistic to think that eyewitnesses would recall all the details of a car crash that took place 15 years ago. A statute of limitations also stops plaintiffs from taking legal action too early following an incident since it will unfairly prejudice a jury against them. It's important to contact an 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 pays the policyholder's and passengers' financial losses, regardless of fault. This kind of insurance is also called Personal Injury Protection (PIP) or no-fault insurance. In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance pays victims injured by uninsured, overinsured, or hit-and-run motorists. UM/UIM is usually offered with minimum limits of $25,000 per 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, like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are serious enough. The majority of third-party claims, however, are settled by 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 in all aspects, from vehicle damage to medical bills to lost wages. An attorney can help determine the person responsible for the accident and pursue compensation from the responsible party. A lawyer can also guarantee that your claim covers all of your losses and expenses. They will consider your current and future expenses, as in addition to physical and emotional stress. They will also take into account the impact of your injuries on your quality-of-life. In New York, if the negligent driver did not have insurance or only the minimum amount required by law, you may be able to collect under your own insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this option. It is essential to choose an experienced attorney for auto accidents. Their education and experience puts them in the best position to obtain you the money you deserve. Your attorney will let the insurance company of the defendant know that you're willing to accept the case. This usually results in an increase in the settlement amount.