Each state has its own set of laws regarding how a collision will be legally taken care of. New York follows a pure comparative fault system. In a pure comparative fault system, the accident is examined carefully in court, and the percentage of fault is attributed to each driver. For instance, if one driver was speeding but the other failed to signal, then both of them will share a certain amount of fault and the total compensation they are entitled to receive will decrease depending on how much of the accident was caused due to their own negligence.
A person will lose out on their entitled compensation by the percentage amount of how much they were at fault. For instance, if a person suffered $50,000 in damages but they where 50% at fault then they will lose out on $25,000 and only get the remaining $25,000. The good thing about New York’s comparative fault system is that no matter how much a person is at fault they are still entitled to receive the amount which was caused by the other driver. Even if a driver is 90% at fault, they can still receive the other 10% in order to help pay for their damages.
New York also follows a no-fault insurance scheme in which a person must first request compensation from their own insurance company to cover the damages and they can only request compensation from the other driver if the other driver had been highly negligent.
An accident lawyer in Queens, New York can help a person collect evidence to prove that the other party was also at fault for the accident. The statute of limitations states that drivers have up to three years after their accident to make a claim for settlement. If they exceed this time limit their case will generally not be considered at all. However, there are always exceptions to the case and a person should consult with a legal professional to discern whether they will still be allowed to make their claim despite exceeding the time limit.
When should I call a lawyer?
After getting into an accident the first person a driver should contact is their lawyer. A lawyer should be called even before one dials in with their insurance company because of the valuable advice they can offer a person on how to deal with their specific situation.
In the event that a person fails to contact an attorney as soon as the collision occurs, they can still call them for help as long as they have not signed an agreement with their insurance company. If a person feels like their insurance provider is trying to cheat them and give them a much lower offer then they should, they need to request legal assistance. A lawyer will be able to correspond with the provider on behalf of the driver until a person is given the compensation which they rightfully deserve.
