Car accidents could potentially change your life and the lives of others for the worse. Besides resulting in injuries, damages, and sometimes death, car accidents also involve a substantial amount of money in the form of medical expenses, car repair, and legal expenses.
Mount Vernon follows the New York car accident laws to prevent and manage accidents. If you have been in a car crash, you will require the services of an experienced Mount Vernon personal injury lawyer.
New York Car Accident Laws
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On average, New York witnesses 1098 fatalities and 12093 hospitalizations each year due to car accidents. If you have been in any car accident in Mount Vernon, you may want to know more about your options for compensation. Mount Vernon follows “no-fault car insurance.”
You will have to file your claim under your “personal injury protection coverage” after an accident to get compensated for financial damages and medical expenses. If you need to learn more, simply click here.
The Time Limit for Filing the Claim
The New York car accident’s “statute of limitations” applies to Mount Vernon’s car accidents. The court will dismiss your claim if you file it after the deadline has passed. Generally, the time limit is three years starting from the date of the crash.
Steps to Follow
After a car crash, the first thing to do is get the required medical care, even if the injuries seem mild. It’s highly recommended to contact your Mount Vernon personal injury lawyer to seek guidance on the legal implications and how to file for damages.
Since the state, as mentioned, follows a no-fault car insurance scheme, all injured passengers and drivers must first reach out to their personal injury coverage to get compensation for medical bills, lost income, and other expenses regardless of who is at fault.
1. Report the Accident
Any person in Mount Vernon who has incurred $1001 or more in property damage because of the crash must report the accident through a “Report of Motor Vehicle Accident form” with the DMV within ten days from the date of the accident.
If there are any fatalities from the accident, you must notify the police immediately, and an accident report is to be filed. Remember that it’s a crime to leave the scene of a car accident, so you need to report it, especially if there are injuries and casualties.
2. Establish Negligence
If it’s clear that the accident happened because the other driver was careless, it’s easy to win the claim. However, this is not the case in most instances. Mount Vernon follows a “pure comparative fault” rule if both parties are responsible for the accident.
The state follows a no-fault rule, but if you wish to file additional claims in the event of death and severe injuries that resulted in extreme pain and suffering, you have to prove the other driver’s culpability.
When this happens and your case goes to court, the jury will calculate the percentage of fault of each driver.
3. Draft and File the Claim
The jury will assess the situation and establish two points, the total amount of damages in purely monetary terms and the percentage of fault of each party. The insurance company of both parties will be involved in settling damages.
When filing the claim, you will have to submit proof of damages in the form of doctors’ bills, repair receipts, and photographs. You will also have to draft and present a submission explaining your eligibility for the claim.
You may file damages that cover vehicle repair or replacement, medical expenses, pain and suffering, loss of companionship, lost wages, and wrongful death. These damages are categorized into economic, which are the ones that can be calculated, and non-economic damages, the intangible ones.
Guidance from Your Lawyer Is Essential
The legal provisions concerning car accidents in Mount Vernon are pretty complicated. Establishing responsibility includes computations and calculations. Your ‘Personal injury lawyer is well-versed in the applicable legal provisions and computations and can get the process done in considerably less time.
You might also want to seek help from lawyers with an excellent track record. Those who have a record of trials won, not just those who will promise you that they’ll give you their best shot to ensure you will get the rightful compensation for the unfortunate thing that happened to your person. Your lawyer also knows what points can work to your advantage and what evidence is most relevant to your situation.
