Car Accident Lawyer
If this seems complicated to you, you are not alone. Proving a "serious injury" in New York can be difficult and necessitates the assistance of an experienced NYC automobile accident attorney.
Car Insurance Requirements in NY
The state of New York requires the following minimum amounts of liability vehicle insurance coverage:
$10,000 for property damage from a single car accident.
$25,000 for bodily injury for one person, and $50,000 for injuries to two or more individuals.
$50,000 for the death of one person; $100,000 for the death of two or more people.
It's vital to remember that these are the basic requirements for liability insurance. New York does not require any collision or comprehensive coverage at all. It is required that your insurance coverage be in place as long as the vehicle is registered in the state and that the insurance be supplied by a company certified by the New York State DMV.
If you're leasing or financing a vehicle, you'll most likely be forced to carry collision insurance in addition to the mandatory liability coverage. Collision insurance will pay for damage to your vehicle regardless of who is at fault, and it is generally far more expensive than liability coverage alone.
New York also mandates Personal Injury Protection (PIP) and uninsured/underinsured motorist coverage. All drivers are required to carry at least $50,000 in PIP coverage per person, which will cover up to that amount in medical bills for both the driver and each passenger.
While your liability insurance will cover damages to others if you cause an accident, you can't guarantee that another motorist will have adequate insurance to cover your losses if the accident is their responsibility. This is why the state mandates uninsured/underinsured motorist coverage in an amount equivalent to the liability insurance requirement for injuries.
It's important to note that the state's basic minimum uninsured/underinsured driver coverage only covers accidents in New York. Any accidents involving an underinsured or uninsured motorist that occur outside of the state are not covered at all—unless you pay the extra expense to have that coverage extended.
How to Locate a NYC Car Accident Lawye
A Google search for car accident lawyers in New York City returns hundreds of results. There are various options to pick from. Finding the best for you entails asking the appropriate questions when considering them.
The following are the most crucial factors to consider when looking for a car accident lawyer in NYC.
Ask for referrals.
You're likely to know more than one individual who has needed a lawyer in an accident case, so asking around is an excellent place to start. When you discover someone who has a referral, ask them explicitly what they enjoyed about working with that attorney. This will help you understand what to expect during the interaction. Inquire about items they didn't like so you can get a general sense of the partnership.
If you don't have any referrals, try looking for a car accident lawyer in NYC online. Consider both the total rating and the number of reviews to get a good sense of how satisfied clients are with the lawyers, and keep in mind that people are more prone to submit negative evaluations than positive ones. Not that bad reviews should be ignored, but don't let one or two unfavorable reviews turn you off from an attorney who appears to be a good fit.
Are they experts in car accident law?
As evidenced by our ratings, accident lawyers can and do pursue a variety of situations.
While some lawyers focus solely on vehicle accidents, others are generalists who practice personal injury law and handle other cases such as workers' compensation. You can deal with any, but make sure your attorney has experience with your type of case, even if they have a broad practice.
What is their fee structure?
Car accident lawyers in New York should operate on contingency, which means they are only compensated if you receive a settlement or verdict.
Their salary is a proportion of your compensation, so be sure the fees are in accordance with industry standards of 33% to 40%. Settlement amounts normally include these fees to ensure that you are not losing money by having a lawyer work for you, but if someone charges more than the standard, this may begin to eat into what you receive from the settlement.
Do they have courtroom experience?
Most car accident claims are settled outside of court because lawyers can bargain directly with insurance companies.
That's not to say you shouldn't hire an attorney who is ready and able to take your case to court. Knowing that your attorney has fought and won in court may make settlement easier. And if the opposing party refuses to settle, you'll feel better knowing you're represented by an experienced attorney.
Why Do I Need a Car Accident Attorney in New York City?
If you have been in an automobile accident in New York City, you understand how stressful and difficult the aftermath may be. You may have to cope with not only physical discomfort and financial stress but also with an insurance company and the legal system. Having a competent attorney during this difficult time might be critical to your financial and physical recovery. Here's how an attorney can help:
Determine your rights and legal options.
Negotiate with insurers on your behalf.
Handle the documentation and legal procedures for your case.
Represent you in court if necessary.
Hiring a vehicle accident lawyer in NYC is especially vital if there is a lot at stake, such as a severe or permanent injury, high medical bills, lost wages, or other damages. A qualified vehicle accident attorney can assist you in obtaining the justice and recompense you deserve.
What Car Crash Damages Can You Sue For in NYC?
If you are injured in an automobile accident in New York City, you may be eligible for compensation for medical expenses, lost income, and other damages. What you can collect will be determined by the details of your vehicle accident case. You can claim for one of three types of damages: economic, non-economic, or punitive.
Economic damages are direct financial losses you incurred as a result of the accident and injuries and may include:
Healthcare costs. You could recover all medical expenses, including hospitalization, surgery, drugs, and rehabilitation therapy.
Wages were lost. If you were unable to work as a result of the accident, you may be entitled to compensation for lost income and future earning capacity.
Property damage. You may be entitled to repair or replace any property lost or destroyed in the accident, including your car, phone, laptop, and other items.
In-home care. If you require assistance with daily living duties following your accident, you may be eligible for in-home care and domestic help.
Transportation expenses. Transportation costs include going to and from medical appointments and other important locations.
This list isn't exhaustive. You may be entitled to additional or other economic damages, depending on the severity of your injuries and financial losses.
Non-economic damages are awards you may get for your intangible losses after suffering injuries in a vehicle accident in NYC, such as
Pain and suffering. Pain and suffering damages are proportional to the severity of your bodily injuries and may include chronic pain from injuries and discomfort during medical treatments, for example.
Emotional distress. Car accidents may be traumatic. You could be compensated for any mental health issues, such as anxiety, sadness, or post-traumatic stress disorder (PTSD).
Reduced quality of life. Severe injuries and impairments can alter your life permanently. You may be eligible to compensation for your incapacity to participate in activities and hobbies that you enjoyed prior to the accident.
Disfigurement and scarring. Damages may be available for any persistent bodily disfigurement or scars caused by the crash.
Punitive damages are exceedingly uncommon in personal injury lawsuits. They are not meant to pay you for your losses, but rather to punish and deter the perpetrator. Punitive damages may be awarded in circumstances when the at-fault party's actions were exceptionally egregious, irresponsible, or malicious, such as drunk driving.
FAQs
What Should You Do If You're Sued for a Car Accident?
Discovering that someone is attempting to sue you for an automobile accident in New York City might be distressing. You may be unsure what to do and tempted to disregard the lawsuit. However, this could have a variety of undesirable repercussions, including losing the case by default. Here's what you can do instead:
If you have been served with a lawsuit, notify your insurance carrier immediately.
If your insurer does not supply an attorney, you should seek legal guidance.
Collect evidence from the collision, such as photographs and videos.
Respond to the lawsuit by the stipulated deadline.
Attend all essential court hearings with your attorney.
Who is responsible for car accidents in New York?
Your insurance coverage will cover your medical expenditures as long as the damages do not exceed the limits of each party's insurance. However, this is not the case with property damage. The driver who caused the damage is liable for the damages under their liability insurance. If you have collision coverage, your insurance company may pay for the repairs and then pursue reimbursement from the liable party's insurer.
What is the time limit for an insurance company to investigate a claim in New York?
Insurance companies in New York have 35 business days to resolve a claim after it is submitted. Insurance firms must also acknowledge claims within a certain time frame, regardless of whether they accept or challenge them.
What is the typical settlement for a car accident in New York City?
No two NYC vehicle accidents are alike. Settlement amounts vary depending on a number of criteria, including the victim's level of injury and financial damages. Most vehicle accident payouts range between $20,000 and $25,000.
However, victims who have had their entire life altered and have suffered catastrophic or permanently crippling injuries may be entitled to much more. Some car accident payouts can total six or seven figures. An automobile accident lawyer in NYC can help you estimate the value of your case.
Can you sue for vehicle accidents in New York City
Yes, you can sue for a car accident in NYC if you were seriously injured in the crash. Your insurance may not cover all medical fees, lost wages, or rehabilitation costs, necessitating a lawsuit against the other motorist. However, New York State is a no-fault state, which means you can only sue someone who is "at fault."
How long does a car accident lawsuit take in New York?
Your vehicle accident lawsuit's settlement time is determined by:
The case is difficult.
The extent of damages.
The insurance company’s willingness to settle
If your case involves multiple defendants and significant losses, it may take a year or more owing to disputed fault and the insurance company's unwillingness to pay. In contrast, simple car accident claims can be resolved in a matter of months. Hiring a NYC auto accident lawyer can assist you in recovering what you are entitled to while also ensuring that there are no excessive delays in the legal procedure.
Lastly, in the event that the defendant is clinically insane or mentally incompetent, the statute of limitations is tolled. If and when the defendant makes a full recovery, it stays tolled. Moreover, under California law, an individual under the age of eighteen is considered mentally incompetent.