Unfortunate traffic accidents are rather common in New York. Following a car accident, it is often hard to think straight. You may even have trouble remembering what or who caused the crash. In such circumstances, it makes sense to seek legal representation, to know if you can file a lawsuit against the other party. Top law firms, such as King Law in Syracuse, NY, offer free initial consultation for car accident cases, and you can expect to get genuine feedback from top lawyers. In this post, we are answering top questions related to auto accidents in New York.
- Should your report the car accident?
All car accidents in NY that resulted in $1,001 or more in property damage must be reported. You need to fill the ‘Report of Motor Vehicle Accident’ form within 10 days with the DMV, or else, your license can be suspended. An accident that caused either death or injury to a person, the local police must be informed immediately. Also, a report must be filed with the DMV. If you don’t take the right steps, it can be considered as a criminal offense.
- I was at fault to an extent. Can I file an injury lawsuit?
New York follows the pure comparative fault rule. If you were partly at fault for the accident, you can still file a lawsuit against the other party. (Note that NY is a no-fault car insurance state). Your claim will still be valid, provided you have evidence, if your share of fault is more than the other party. However, the settlement will be reduced by your fault percentage. So, if you were given $10,000 in settlement and were 20% at fault, you will eventually get $8,000.
- Should in hire a car accident lawyer?
Most personal injury lawyers in NY work on a contingency fee. This means that they only charge a fee, if they win a financial settlement for your car accident claim. Hiring a lawyer is more of a personal choice, but an important decision. As you can guess, affording legal expertise doesn’t have to be hard for car accidents, and your lawyer can help with other expenses too. Apart from that, lawyers know what it takes to negotiate with the insurance company and can see through bad faith insurance tactics.
Call a lawyer soon after your car accident, because initial investigation is important for the lawsuit, if you file one.
