The last thing you need in your hectic daily life is a car accident. The aftermath of a car accident often leads to a complicated legal process. If you’ve been involved in a serious car accident, you may be wondering what steps you should be taking to build your claim and protect your rights. Our Car Accident Lawyers in Huntington, New York at Mandler & Sieger, LLP has provided quality legal representation since 1990. A car accident can feel like a nightmare, but you don’t have to go through it alone. Our team would like to share some information to help break down how fault is determined in car accidents and how our firm will fight for you.
New York is a No-Fault State
New York is a no-fault state, and in no-fault states, you can seek compensation for your car accident by filing a first-party claim with your insurance company. Under these rules, you can’t pursue compensation by filing a third-party claim. You will need to rely on your own insurance coverage to recover financial losses up to your policy’s limit. You can only step outside the state’s no-fault system under certain circumstances. In order to go past a no-fault claim and bring your claim directly against the at-fault party, your injuries will need to surpass the serious injury threshold. The conditions in this category include:
- Loss of organ or bodily function
If you’ve suffered injury or damage to your vehicle after a car accident, you may be curious about how you will be compensated. Finding the at-fault party after an accident is crucial because they will be responsible for paying the resulting damages. When a driver fails to follow the rules of the road, determining negligence is relatively straightforward. In some cases, determining fault can be unclear. If you have concerns about your claim, it’s best to consult with a Car Accident Lawyers in Huntington, New York for help. Law enforcement, insurance companies, and the courts will use evidence from the accident to determine the at-fault party. Some of the things these entities will consider include:
- Damage to the cars.
- Statements from each driver.
- Police reports.
- Photographs of the accident.
- Medical records.
- Weather and road conditions.
- Witness statements.
Stepping Outside of the No-Fault System
As previously mentioned, New York is a no-fault state. New York relies on the comparative negligence law for determining fault when you are pursuing a personal injury claim outside of this system. If you suffer an injury following an auto accident, you can recover an amount based on your proportionate level of fault under the comparative negligence law. If the other driver was completely to blame for the accident, they would be responsible for lost wages, medical expenses, and any other significant losses you may have suffered through their insurance provider. If you were partially at fault for the accident, you could be awarded compensation based on a percentage proportionate to your share of the blame. The court may determine the percentage of fault by looking at all circumstances surrounding the incident. Some of the factors that can be examined include:
- Weather conditions.
- Speed limits
- If the driver was using their cell phone.
- Traffic control devices.
Comparative negligence laws can guide insurance claims adjusters as they evaluate your case, and adjusters will make their decision based on what is determined in court. If you’ve been injured or suffered severe damages, you should not let anything stop you from pursuing your case. It can be a challenge to pursue your claim on your own, but having a Car Accident Lawyers in Huntington, New York by your side can help make this process smoother. Our team will carefully evaluate your situation, determine the best course of action, and fight aggressively for you to ensure you receive the compensation you deserve.
Contact Car Accident Lawyers in Huntington, New York
The process of a car accident lawsuit can be highly complex, so it’s crucial to work with a dedicated Car Accident Lawyers in Huntington, New York to yield the best results. While minor accidents are usually settled outside of court, if you or a loved one has suffered severe damage, you should not hesitate to pursue a claim. At Mandler & Sieger, LLP, our experienced and compassionate attorneys will assess your case to guide you towards a favorable outcome. To learn more about your legal options or to schedule a consultation, contact our office today!