No one hopes to get involved in a car accident. Unfortunately, traffic accidents are rather common in New York, and many of these crashes and collisions have serious consequences for those involved. If you ever get injured in such an auto accident, you should definitely consider hiring an experienced Rochester lawyer for your personal injury claim (and eventual lawsuit, if needed). For your help, here are four quick facts about car accident laws in NY.
- “New York is a no-fault car insurance state”. What does this mean? In simple words, this means that if you are injured in an auto accident, you will have turn to your own insurer, for your damages. This is regardless of what caused the accident. That said, there are certain circumstances, when you can file a personal injury lawsuit against the at-fault party.
- You have three years to file a lawsuit. If you decide to file a personal injury lawsuit against the at-fault party, you need to do that within the available time. The statute of limitations in NY allows three years to file such lawsuits, from the date of the accident. If the accident resulted in death, the immediate family has two years, as per the statute of limitations, to file a wrongful death lawsuit.
- NY follows the “pure comparative fault” rule. If both parties are found to have some share of fault in causing the car accident, the pure comparative fault rule will come into play. This means that you can still file for compensation, but your share of settlement will be reduced by percentage of your share of fault.
- You must report an accident. Following a car accident that caused injuries, death, or property damage worth $1,000 or more, you must file the Report of Motor Vehicle Accident with DMV. This must be done within 10 days, or your license will be suspended.
Consult a car accident lawyer
It doesn’t matter whether you were at fault or not, consulting an experienced car accident lawyer is crucial for your case. Remember that insurance companies are in the business of making money, and they are not interested in sympathizing with you. The offer from the claims adjuster is likely to be way lesser than what you deserve. A skilled car accident lawyer can negotiate on your behalf, but before anything else, they will determine the true worth of your claim.
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