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Car accident law in New York governs the rights and responsibilities of drivers, passengers, and other parties involved in motor vehicle collisions. These laws cover issues such as compensation for injuries and property damage, determining fault, insurance requirements, and the timelines for bringing legal action. Due to the complexity of these regulations and the unique no-fault insurance system in place, understanding your legal rights after a car accident in New York can be challenging. Seeking the right legal advice is essential to ensure that your interests are protected.
There are several common scenarios in which the help of a qualified attorney can be critical after a car accident in New York. These include:
Consulting with a legal professional can help you navigate these situations effectively and increase your chances of receiving fair compensation.
New York has several key laws and regulations that are particularly relevant to car accident cases:
Ensure everyone is safe, call for medical help if needed, notify the police, exchange information with other drivers, document the scene, and notify your insurance company as soon as possible.
Yes, if the accident involves injury, death, or property damage exceeding 1,000 dollars, you must report it to the police and file a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days.
Generally, New York's no-fault system limits your ability to sue unless you have suffered a "serious injury" as defined by state law, such as significant disfigurement, bone fractures, or permanent loss of use of a body part.
You may be able to file a claim through your uninsured motorist coverage, which is required on all New York auto insurance policies. Hit-and-run accidents can also be covered by this policy.
Fault is determined based on evidence from police reports, witness statements, photos, traffic laws, and, in some cases, accident reconstruction experts. New York uses comparative negligence, so you can still recover damages if you were partly at fault.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage. The amount depends on the severity of your injuries and the circumstances of the accident.
Generally, you have three years from the accident date to file a personal injury lawsuit. For wrongful death cases, the period is two years. Acting promptly is important, as missing these deadlines can bar your claim.
Minor injuries are usually covered by your Personal Injury Protection (PIP) insurance under the no-fault system. Legal action is typically reserved for cases involving serious injuries.
Most car accident lawyers in New York work on a contingency fee basis, meaning you only pay if you win your case or reach a settlement. Initial consultations are often free.
Yes, it is possible, especially in minor accidents. However, for complicated cases or if you encounter resistance from insurance companies, having a lawyer may help secure a better outcome.
Several resources and organizations can provide further assistance and information on car accidents in New York:
If you or someone you know has been involved in a car accident in New York, consider taking these steps:
Acting quickly and organizing your information can help protect your rights and support your claims for compensation during this challenging time.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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