Why Should I Hire a Local New York Car Accident Lawyer?
Navigating the complexities of a car accident in New York is best done with the help of a local attorney. Familiarity with New York law, as well as an understanding of the local community, makes a locally based lawyer an invaluable asset in your pursuit of a fair settlement. Their insight into dealings with insurance companies—entities usually eager to reduce payout amounts—could be the difference between receiving the minimum compensation and maximizing your entitled benefits.
What is the Time Limit for Filing an Automobile Accident Lawsuit in New York?
The statute of limitations for filing a lawsuit relating to an automobile accident in New York is 3 years.
How Does New York Determine Negligence in a Car Accident Case?
New York employs a pure comparative negligence model. Under N.Y. C.P.L.R. § 1411, you can recover damages from another party based on their degree of fault, regardless of your own level of fault in the accident.
Is New York a Fault or No-Fault State for Car Insurance?
New York operates under a No-Fault insurance system.
What Are the Auto Insurance Requirements in New York?
New York mandates three types of auto insurance: no-fault (personal injury protection), liability, and uninsured motorist coverage. The basic no-fault coverage includes accident-related medical expenses and up to 80% of lost earnings, capped at a monthly maximum for up to three years following the accident. The minimum limit for this coverage is $50,000. Liability insurance must also be carried, with minimum limits of $25,000 for non-fatal bodily injury, and $50,000 for fatal injury per individual, and doubled amounts per accident. Mandatory uninsured motorist coverage is required with similar minimums.
What Insurance Rules Apply to Rental Cars in New York?
In New York, a car rental company’s liability insurance is primary and must meet the state’s minimum limits. Additionally, the renter may be responsible for damages exceeding these minimums, as per case law such as Morris v. Snappy Car Rental.
What Are the Reporting Requirements After an Auto Accident in New York?
After an accident, you are required to stop and exchange information. For damages above $1,000, a Report of Motor Vehicle Accident (Form MV-104) must be filed within 10 days. Failure to do so can result in license suspension. Immediate police notification is compulsory for cases involving injury or fatality.
What Should I Do If I Hit an Unoccupied Car in New York?
If you hit an unoccupied vehicle, you are required to make a reasonable effort to locate the owner. Failing that, you should contact the police.
What Are the Consequences of Not Following Accident Reporting Procedures?
Not following the mandated reporting procedures can result in a warrant for your arrest, suspended driving privileges, or even criminal charges.
Why Is Legal Representation Important in New York Car Accidents?
Special considerations apply if your accident involves driving under the influence or severe injuries. Acquiring specialized legal guidance can be instrumental in these complicated situations.