Attorneys Answer: When Do You Need To Hire a Car Accident Lawyer in New York?
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Dealing with the aftermath of an auto accident can be overwhelming.
After all, you may have suffered injuries, experienced significant losses due to property damage or medical expenses, and missed out on wages because of time off of work.
While it’s always important to consider hiring a New York car accident lawyer, there are some scenarios in which it’s absolutely crucial.
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One of the first things to understand is that when it comes to car accidents, New York is a no-fault state. In a no-fault state, each party involved in an auto accident files their own insurance claim with their own insurer, regardless of who is at fault.
This means that if you have been injured or have sustained damage to your vehicle in an auto accident, you must file your claim with your own insurance company rather than filing a lawsuit against the other driver or filing a claim through their insurance company.
The idea behind this system is that it eliminates costly lawsuits and allows victims of car accidents to receive compensation quickly.
However, if your losses exceed the amount of coverage you have and you meet all the requirements, you can then take action against the other driver. With this in mind, the following are some of the situations in which it’s absolutely crucial to hire a car accident lawyer:
If your auto accident resulted in severe injuries or extensive property damage, then you may need to enlist the assistance of an experienced car accident lawyer.
This is especially true if the other driver was at fault for the accident, as they may be held financially responsible for your damages—which could include medical bills, lost wages from time off work, and even pain and suffering.
Unfortunately, some drivers illegally choose not to purchase auto insurance—which means that they won’t have coverage in the event of an accident.
If you were involved in an accident with one of these drivers and suffered significant losses that exceed your coverage, it’s important to hire a car accident lawyer right away so that they can look into an uninsured motorist claim or file a lawsuit against the driver on your behalf.
Hit-and-run accidents are unfortunately common on roadways today, and they can be incredibly difficult for victims. It can be challenging (if not impossible) to track down the driver responsible for their damages.
However, there are still steps that victims can take following hit-and-run accidents, like hiring an attorney who will investigate the situation and provide legal representation if necessary.
An experienced attorney can conduct a thorough investigation on your behalf. They will be able to review any video footage available from nearby surveillance cameras and speak with eyewitnesses who may have seen something that could help identify the driver responsible for causing the damage.
By taking these steps, your lawyer will be equipped to handle your claim and hopefully obtain compensation on your behalf.
It isn’t uncommon for an at-fault driver or their insurance company to try and deny responsibility for an accident. In some cases, the other driver might even try and make false claims against you in order to avoid being held liable for damages.
A car accident lawyer can protect your rights by gathering evidence such as police reports, medical records, witness statements, and surveillance footage. Your lawyer can use this evidence to prove that you were not at fault and ensure that you recover the compensation you’re entitled to in the event that your coverage isn’t sufficient.
Another reason you may need to hire a car accident lawyer is if the insurance company is refusing to pay out your claim. Unfortunately, many insurance companies use tactics like stalling or minimizing settlements in order to avoid paying claimants what they’re owed.
A skilled lawyer will know how to respond appropriately and negotiate with the insurance adjuster on behalf of their client.
Another situation where you may need an attorney is if your damages are significantly over your coverage limit and you were partially at fault for the accident. Many people, in this case, assume they can’t recover any compensation, but that isn’t true. This is because of a concept known as pure comparative negligence, which New York State currently operates under.
Under this system, even if an individual was partially responsible for an accident, they can still recover damages from another party. For example, if you were 60% responsible for an accident, you can file a lawsuit and still potentially collect 40% of the awarded compensation.
No one ever expects a car accident to happen, but unfortunately, they occur every day across all states in America. If this happens, it’s important to understand when it’s time to hire an experienced car accident lawyer who can protect your rights while ensuring that justice is served on your behalf. Contact the Law Offices of Jay S. Knispel Personal Injury Lawyers today by calling 212 564 2800 to schedule a free consultation.
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