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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 necessary and negotiate with the insurance company Certain states have the tort liability system while others have nofault or auto insurance laws Regardless there are still strict time limitations referred to as statutes or limitations that must be adhered to Fault The determination of who is at fault is an important part of the insurance as well as legal process of claiming It might appear obvious in certain cases such as rearend collisions However often it is not the case Fault is determined based on state laws and the specific facts of each case Certain states employ pure comparative negligence In this case the proportion of fault you are responsible for in an accident determines what damages you are able to claim Even if youre found to be more than 51 responsible you may still have an opportunity to recover certain damages through additional insurance like MedPay or PIP policies Certain states also have modified comparative negligence These laws permit injured motorists to utilize their own insurance coverage to cover costs even if are found partially at fault for the crash After an accident its normal to feel a bit shaken up and want to blame someone else However doing this could cause costly errors in the future A competent lawyer can help you avoid these pitfalls and get the answers that you require quickly and efficiently Damages Damages are monetary compensations that compensate victims for financial loss caused by another partys negligence This kind of compensation can cover a variety of losses like medical costs and lost wages income and damage to property of vehicles A lawyer for car accidents will review receipts invoices and other financial documents to accurately calculate how much special damages youre owed Noneconomic damages are often difficult to quantify and include intangible losses like pain and suffering This type of compensation is frequently subject to devaluation by insurance companies and it is critical to consult with a knowledgeable lawyer to ensure that your damages are fairly valued In New York if you suffered serious injuries or if your losses were greater than the policy limits you may be able to get out of the nofault system and sue for all your economic and noneconomic damages including suffering and pain However since New York is a comparative negligence state your compensation will be reduced by the percentage of fault that is assigned to you auto accident lawsuit racine will do everything to maximize the damages you are able to recover Statute of Limitations In a car accident case the statute of limitation is the amount of time you have to sue to recover damages This can vary from three to five years based on the nature and the state of the lawsuit Statutes of limitations are essential because they guarantee that claims filed in court can be thoroughly investigated before the deadline elapses After that time it could be too late to find witnesses physical evidence like tire marks and debris may disappear or be eroded and public records may be lost Witnesses are also prone to forget crucial details with the passage of time For instance it would be unreasonable to expect witnesses to remember detailed information about an accident in a car that occurred 15 years ago A statute of limitation prohibits plaintiffs from bringing a lawsuit too late after the accident because it could disadvantage the jury This is why its crucial to speak with a New York car accident lawyer and start the process as soon as it is possible Insurance New York law requires all drivers to have car insurance This type of insurance covers the policyholders and their passengers economic losses regardless of the fault This kind of insurance is also known as 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 injured by uninsured underinsured or hitandrun motorists UMUIM coverage is usually provided with a minimum limit of 25000 per person or 50000 per accident The policyholder is protected under Bodily Injury liability when they are sued by a third party for damages like medical bills and property damage Third parties can also file a claim for pain and suffering when the injury is severe enough to warrant However most third party claims are resolved through insurance companies A skilled lawyer on board can help to ensure that you recover the full amount of damages available to you Contact an Attorney Car accidents can be stressful and costly From car injuries to medical costs to lost wages they can be costly A lawyer can help determine whos fault the incident was and seek compensation from the party responsible A lawyer will also ensure that your claim will cover all your expenses and losses They will take into account your future and present expenses as well as emotional and physical anxiety They will also consider the effects of your injuries on your quality of life In New York you may be eligible for compensation under your policys Uninsured Motorist coverage UM if the negligent driver was not insured or only carried the minimum amount that is required by law An attorney can provide you with this possibility It is important to work with an experienced lawyer for your car accident Their knowledge and training puts them in the best position to obtain you the compensation you deserve Your lawyer will inform the insurer of the defendant know that you are willing to accept the case This usually leads to an increase in the settlement amount
