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New York Auto Accident Law An attorney who handles car accidents is your advocate and will make sure that your part of the story is told He or she will negotiate with the insurance company and then present your case front of a judge and jury if necessary Certain states have a tort liability system while others have nofault or auto insurance laws But there are strict time limitations referred to as statutes of limitations that have to be adhered to Fault Determining who is at fault is a critical aspect of the insurance and legal claims process In certain instances such as rearend collisions and other similar situations it could seem evident but in other cases its not The state laws and facts of each case are used to determine the degree of fault Some states apply pure comparative negligence in which the proportion of fault you bear in an accident determines the damages you are entitled to claim Even if youre found be more than 51 accountable theres a a chance to collect certain damages through additional insurance like MedPay or PIP policies Additionally certain states apply modified comparative fault These laws allow injured motorists to use their own insurance coverage to pay costs even if are found partially at fault for the incident Its normal to be upset and try to blame someone else after an accident But this can backfire and result in costly mistakes in the long run A competent lawyer can help you avoid these pitfalls and get the answers that you require quickly and efficiently Damages Damages are monetary payments that help a victim to make up for the financial losses they suffered as a result of a third partys negligence actions The type of compensation offered can be used to pay for a variety of losses such as medical costs and lost wages income and even vehicle property damage A skilled attorney for car accidents will examine invoices receipts and other financial records to determine the exact amount of damages youre due Noneconomic 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 essential to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been fairly assessed If youve suffered severe injuries or losses exceed the policy limits in New York you may be able to escape the nofault laws and sue for your economic and noneconomic damages including pain and suffering New York is a state that has a system of comparative negligence therefore your claim will be reduced based on the percentage of blame youre assigned A skilled attorney will work hard to maximize the damages you are able to recover Statute of Limitations In the case of a car accident the statute of limitations is the time frame you have to seek damages Typically this is three years however it may vary depending on the type of lawsuit and the states laws Statutes of limitation are vital in that they ensure that any claim filed in court is investigated properly before the deadline runs out After this time it could be difficult to find witnesses Physical artifacts such as tire marks and debris could disappear or become eroded and public records could be misplaced As the years pass witnesses tend to forget important information auto accident lawsuit south carolina to think that eyewitnesses would recall all the details of a crash that occurred 15 years ago A statute of limitations also stops plaintiffs from filing legal action too soon after an incident because it could prejudice the jury against them It is important to speak with an New York auto accident lawyer as soon as possible and start the process Insurance All drivers in New York are required by law to have car insurance This type of insurance is designed to compensate the policy holder and their passengers for their economic losses if they are involved in an accident regardless of who was responsible for the fault This type of insurance is called Personal Injury Protection PIP or nofault insurance In addition to PIP most New York policies include uninsuredunderinsured motorist coverage UMUIM This type of insurance pays victims who are injured due to uninsured overinsured or hitandrun motorists UMUIM is usually offered with the minimum limit of 25000 per person and 50000 per accident Bodily Injury Liability protects the policyholder in case they are sued by a third party to recover damages including medical bills or property damage Third parties can also assert the pain and suffering of injuries that are severe enough However the majority of third party claims are resolved through insurance companies A skilled lawyer can help you to recover the maximum amount of damages Contact an Attorney Car accidents can be stressful and costly with everything from vehicle damage to medical bills to lost wages A lawyer can help you determine whose fault the accident was and seek compensation from the person responsible A lawyer can also guarantee that your claim is inclusive of all your expenses and losses They will take into account your current and future financial costs as well as the physical and emotional stress you are experiencing They will also take into account the impact of the injuries you sustained on your health In New York if the negligent driver was not covered by insurance or carried only the minimum amount required by law you may be able to recover under your own insurance policys uninsured motorist coverage UM An attorney can provide you with this possibility It is essential to choose an experienced lawyer for auto accidents Their knowledge and training put them in a stronger position to get you what youre entitled to Your attorney will let the insurer of the defendant know that you are willing to take on the case This usually results in an increased settlement offer
