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New York Auto Accident Law An attorney who handles car accidents is your advocate and will make sure that your side of the story gets told. He or she will bargain with the insurance company and present your case before a judge and jury if necessary. Some states follow a traditional tort liability system and some states have no fault or add to the auto insurance laws. There are still time limits known as statutes that must be adhered to. Fault Determining who is responsible is a critical element of the insurance and legal claims process. In certain cases, such as rear-end collisions, or other similar situations, it may appear simple, but in other instances, it's not. The determination of fault is based on state laws and the specific facts of each instance. Certain states have pure comparative fault, where your percentage of the accident determines the amount of damages can be recovered. Even if you're determined to be more than 51% responsible and liable, you could still have a the chance to recover some of your damages with additional coverage such as MedPay or PIP policies. Some states also apply modified comparative negligence. These laws permit injured motorists to use their own insurance to cover expenses even if they're partially at fault for the crash. Following an accident, it's common to be shaken up and to feel the need to point the finger at someone else. However, doing this could result in costly mistakes in the end. A skilled lawyer can assist you in avoiding these traps and get the answers you need quickly and accurately. Damages Damages are compensations offered to pay victims for financial losses caused through the negligence of a third party. This kind of compensation can be used to cover a variety of losses, such as medical costs loss of income or wages and damage to property of vehicles. A lawyer for car accidents will review invoices, receipts, and other financial documents to determine the amount of damages you're due. Non-economic damages can be difficult to quantify and can include intangible damages such as pain and suffering. Insurance firms are known to devalue this type of compensation. It is crucial to consult an experienced attorney in tort law to ensure that your damages are fairly valued. If you've suffered serious injuries or losses that exceed the policy limits in New York, you may be able to avoid the no-fault law and file a lawsuit for non-economic and financial injuries, including pain and. New York is a state that uses comparative negligence, which means that your compensation will be reduced according to the percentage of fault you are assigned. A knowledgeable attorney will do everything to maximize the damages you can recover. Statute of Limitations In the event of a car crash the statute of limitations is the period in which you are required to seek damages. It can range from three years to five depending on the type and state of the lawsuit. Statutes of limitation are important because they ensure that claims brought in court will be investigated properly before the deadline is up. After that it could be impossible to find witnesses. Physical artifacts, such as tire marks and debris could disappear or be destroyed, and public records might be lost. As time passes, witnesses also tend to forget important information. It would be unreasonable to assume that witnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too late after the accident, as it could unfairly prejudice the jury against them. It is important to speak with a New York auto accident lawyer as soon as possible and begin the process. Insurance All drivers in New York are required by law to have car insurance. This type of insurance covers the policyholder's and their passengers' financial losses regardless of fault. This is 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 insurance compensates victims who are injured due to uninsured, overinsured, or hit-and-run motorists. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident. The policyholder is liable under Bodily Injury liability if a third-party sues them for damages, such as property damage and medical bills. auto accident law firm allentown can also file a claim for suffering and pain when the injury is severe enough to warrant. However, most third party claims are settled through insurance companies. The presence of a knowledgeable lawyer to the table can ensure that you receive the full amount of damages available to you. Contact an attorney Car accidents can be stressful and expensive in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help determine whose fault the accident was, and seek compensation from the responsible party. A lawyer can also make sure that your claim covers all your losses and expenses. They will take into account your current and future financial expenses, 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, if the negligent driver did not have insurance or carried only the minimum amount required by law, you could be able to recover under your insurance policy's uninsured motorist coverage (UM). An attorney can advise you of this possibility. It is essential to choose an experienced auto accident lawyer. Their experience and training put them in a better position to get you the money you deserve. Your attorney will let insurer of the defendant know that you're willing to accept the case. This usually results in an increase in the settlement amount.