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New York Auto Accident Law A car accident attorney is your advocate and will ensure that your side of the story gets told. He or she will negotiate with the insurance provider and argue your case before a judge and jury, if required. Certain states have a tort liability system, while others have no-fault or auto insurance laws. But, there are strict time limits, also known as statutes of limitations that must be adhered to. Fault The determination of fault is a vital part of the legal and insurance claims process. It may appear obvious in some instances, such as rear-end collisions, but often it's not the case. The degree of fault is determined by state laws and the specific facts of each incident. Certain states have pure comparative fault, where your proportion of the cause determines the amount of damages you are able to recover. Even if you're determined to be more than 51% accountable however, you might still have a chance to collect some of your damages with supplemental coverage like MedPay or PIP policies. Some states also allow modified comparative negligence. These laws allow injured drivers to make use of their own insurance to pay for expenses even if they're partially responsible for the collision. Following an accident, it's natural to be shaken up and want to point the finger at someone else. This could lead to costly mistakes and can cause a negative impact. A good lawyer can help you avoid these mistakes and will provide the answers you require quickly and with precision. Damages Damages are compensations offered to compensate victims of financial losses caused by the negligence of another party. This kind of compensation could cover a variety of losses, such as medical costs loss of income or wages and property damage to vehicles. A lawyer for car accidents will examine invoices, receipts, and other financial documents to determine the amount of damages you're entitled to. Non-economic damages are more difficult to quantify and usually include intangible damage such as pain and suffering. This kind of compensation is typically subject to devaluation by insurance companies and it is imperative to consult a reputable tort lawyer to ensure your damages are valued fairly. In New York, if you suffered serious injuries, or if your losses were greater than the limits of your insurance policy, you may be able to escape the no-fault system by suing for all of your economic and non-economic damages as well as suffering and pain. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributed to you. A skilled lawyer will be able to maximize the amount of damages. Statute of limitations In a case involving a car crash, the statute of limitations is the period in which you are required to bring a lawsuit to recover damages. Typically, this is three years but can vary depending on the type of lawsuit as well as the state's laws. auto accident law firm waterloo of limitations are essential as they ensure that claims in court can be properly investigated before the deadline runs out. After this period it could be too late for witnesses, physical artifacts like the marks of tires and debris could disappear or get eroded and public records could be lost. As time passes, witnesses also tend to forget important details. It would be unreasonable to think that eyewitnesses would recall all the details of a crash that took place 15 years ago. A statute of limitations also prevents plaintiffs from bringing legal action too soon after an incident as it would unfairly prejudice the jury against them. 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 have car insurance. This type of insurance compensates the policyholder's and passengers' economic losses regardless of the person's 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 coverage provides compensation to victims injured by an uninsured or uninsured driver or in a hit-and-run accident. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident. The policyholder is liable under Bodily Injury liability when an outside party sues them for damages such as medical bills or property damage. Third parties may also be able to claim pain and suffering for injuries that are severe enough. The majority of third party claims, however they are resolved by insurance companies. A knowledgeable lawyer can assist you get the maximum amount of damages. Contact an attorney Car accidents can be stressful and expensive with everything from vehicle damages 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 make sure that your claim covers your entire 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. In addition, they will take into consideration the impact your injuries have caused on your life quality. In New York, if the negligent driver was not covered by insurance or only the minimum amount required by law, you could be able to claim compensation under your insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this possibility. It is important to partner with a seasoned car accident attorney. Their training and expertise puts them in a better position to negotiate for the settlement you deserve. The defendant's insurer will know that your lawyer is willing to try the case, which often leads to an increased settlement offer.