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NYC Car Accident Lawyer: Your Complete Guide to Legal Steps After an Accident
The busy streets of New York City are no strangers to traffic accidents, given the sheer volume of vehicles, pedestrians, and cyclists hitting the road on a daily basis. According to the Office of the New York State Comptroller, traffic fatalities have increased sharply in New York since 2019, rising by nearly 25.8% between 2019 and 2022 alone.
For those of you who reside in New York City, or if you are a tourist planning to take a city tour, learning what to do right after an auto accident might be useful. Truly, nobody anticipates becoming a victim of a vehicle accident. However, life has its own way of taking unexpected turns, and it’s always wise to be prepared. This guide will help you understand how to secure compensation with the help of an experienced nyc car accident lawyer should you ever find yourself in trouble on the streets of New York.
There is no doubt that you may find yourself in a state of panic right after a car accident in New York City. Before doing anything else, take a minute to calm yourself down and check whether you are injured. Call 911 if needed.
Afterward, you need to contact the police to report the auto accident. The police will document the incident and produce a report. At this stage, try to exchange names, addresses, driver’s license numbers, and insurance details with all involved parties. You should also try to get contact information from witnesses.
New York auto accident attorneys advise you to avoid admitting to fault while communicating with other parties. Ideally, you should contact an experienced car accident attorney nyc nearby so that evidence can be gathered from the accident scene to support your case. Your car accident attorney will also engage with your insurance company to process your no-fault insurance claim to avoid any lowballing attempts.
In New York State, all drivers are required to carry personal injury protection (PIP) insurance coverage. New York, being a “no-fault” state, means that each driver’s respective insurance company pays for the damages, regardless of who is at fault for the auto accident. The purpose of the no-fault insurance system is to make sure that compensation for economic losses is provided promptly without wasting time on establishing fault.
No-fault insurance requires that medical treatment be provided within 30 days of the accident. So make sure that you seek medical attention for your injuries within this time frame. The medical records should be given to your car accident lawyer so that they can be submitted to the insurance company.
Your New York accident attorney completes all the required paperwork to file the no-fault insurance claim. This also has to be done within 30 days after the accident. Along with the no-fault claim, you need to submit a police report for proof of accident, medical records, and proof of lost wages. Accordingly, the insurance company will either approve or deny the claim. If denied, your NYC car accident lawyer will appeal on your behalf and take necessary action.
You can file a personal injury lawsuit to pursue additional compensation if your injuries are severe. Your injuries must surpass New York’s serious injury threshold to file such a lawsuit. Here are the types of injuries that fall under this category:
If your injuries meet this threshold, your New York car accident attorney will guide you on how to recover additional damages beyond what your PIP covers through a personal injury lawsuit against the at-fault driver.
In New York City, liability in car accidents is determined under the pure comparative negligence system. This is a legal framework that allows injured parties to seek compensation even if they bear a portion of the fault for the accident.
Understanding how pure comparative negligence works is important if you feel like you are partly at fault for the auto accident. Say the other driver is 70% responsible for the accident while you are the party who is 30% at fault. In such cases, both drivers can claim compensation with the guidance of NYC car accident lawyers. If your total damages amount to $10,000, you would be entitled to $7,000 after a 30% reduction.
Understanding how these laws work with a New York car accident attorney by your side is important since insurance companies may attempt to attribute a higher percentage of fault to you in order to minimize their payout. A car accident lawyer protects your rights by making sure that a fair assessment of fault takes place. Check out our article on the role of a new york car accident attorney in securing maximum compensation to better understand how to deal with legal processes after a car accident.
One of the biggest signs that your NYC auto accident lawyer is a good choice is their arrangement for getting paid. NYC car accident attorneys who are confident in their work use contingency fee arrangements. This means that they get paid if you win your case only. Car accident lawyers in New York charge a contingency fee of one-third (33.33%) of the settlement.
Another aspect that most people overlook when choosing a car accident lawyer is communication skills. A good car accident attorney is one who listens to your needs and takes the time to explain legal processes clearly. When you're going through the stressful aftermath of an auto accident, staying informed about the proceedings is essential. Without this clarity, it can be difficult to manage daily tasks.
Finding the best car accident lawyer nyc is also about the experience that your lawyer holds in auto accident cases that are similar to yours. In addition, good car accident attorneys in New York have a proven track record with positive reviews and high ratings on legal directories.
If you are looking for an experienced NYC car accident lawyer who can be trusted with your case, contact the dedicated legal team at Alex Yadgaradov & Associates. You can schedule a free initial consultation here or call 866-995-9035 to see if we are the right fit for your needs.
For further readings
Finding the Best Car Accident Lawyer in NYC: A Victim's Guide
Steering You Towards Compensation: The Role of a New York Car Accident Attorney
“My team of leading personal injury attorneys take our cases personally. We will implement our experience, skill, and determination until you get the compensation you deserve.”
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