New York car accident 101: Seek legal help immediately

For the unversed, New York is a no-fault car insurance state. This means that you would typically turn to your insurer to get compensation for the losses that you have incurred. Can you ever sue the party responsible for the accident? Yes, but a certain threshold of injuries must be met. Just saying that the other side acted negligently is not enough. Examples would include multiple fractures, significant disfigurement, permanent damage to body parts or functions, or total disability. Also, filing a lawsuit and battling it for fair compensation can be truly hard. In this post, we are sharing things related to car accidents in NY and why you need to lawyer up. 

Take the right steps

Right at the scene, take pictures of your injuries and damaged vehicles, provided you are physically okay to do so. Take pictures from all angles, and don’t forget to call 911 for immediate assistance. Every document that relates to your injuries and medical care should be preserved well, and when possible, preserve physical evidence, too, like a part of the broken vehicle. Check if there were witnesses to the scene, take their contact details, and don’t leave the accident scene until a police officer arrives. 

Deadline for car accident lawsuits & shared fault

In NY, you have three years from the accident date to file a car accident lawsuit. If you lost a loved one in the crash, you have two years to pursue a wrongful death lawsuit. If you don’t take action right away, you may lose valuable evidence. What if you did something that also contributed to the crash? Well, NY follows the pure comparative fault rule, which means that you could sue the other side even when you are more at fault than them. Your settlement awarded to you would be lower depending on the fault share, calculated in percentage. 

Get an attorney

Because car accident lawsuits are often complicated, hiring an attorney is your best bet. Don’t assume that the pure comparative fault rule will be useful when you are at a higher fault. Attorneys know what it takes to represent clients, and as needed, they would negotiate with the other side. Car accident claims don’t always end up in court, but having an attorney ensures that you are prepped for all situations. 

Call a lawyer now and get their advice on your case.

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Jessica Miller