Different states have their own rules about car insurance and liability. So if you get into an accident in NY, it’s a good idea to know exactly how local laws will apply to your crash and how liability matters. Our Westchester County car accident attorneys can keep you properly informed.
How Does Liability Work in a No-Fault State?
New York is a no-fault state. This doesn’t mean that no one is to blame for an accident. What is means is that every driver carries some type of coverage, namely personal injury protection, that’s meant to kick in and help them pay bills regardless of who is at fault.
You can still sue for damages in a no-fault state, but you must also make a claim with your own insurance company. You can submit a claim with the other driver’s insurer and pursue compensation if your own coverage is not enough to cover the costs associated with a serious injury.
Does Liability Matter If I Sue For Damages?
Liability does matter, even in a no-fault state. When you sue another driver for damages, you have to show that they were negligent. You cannot just sue because your own coverage ran out of money.
Building a case like this isn’t always easy. A lawyer from our firm can help you gather evidence and defend yourself from any accusations of wrongdoing.
What Can Help Prove Liability?
The more evidence you have, the better. Some things that can help you prove that someone else was negligent and that this negligence caused your injuries include:
- Eyewitness testimony
- Video of the accident
- The police report from the scene
- Testimony from specialists, like accident reconstruction experts
- Medical records
All of these can help you build a more compelling case for compensation.
How Long Do I Have to Sue For Damages?
It’s also important to note that you do not have unlimited time to sue for compensation. New York gives accident victims three years to prove liability and sue another driver for damages. This can seem like a long time, but you would be surprised at how quickly time can pass when you are focused on recovering from your injuries and getting back into your normal routine.
We recommend talking to one of our lawyers if you’re serious about pursuing a case. We can handle the paperwork for you while you just worry about getting back on your feet.
Do I Have to Go to Trial to Prove Liability?
Your case may go to trial if the insurance company does not give you a fair compensation offer. Most cases like this do end up settling before we reach that point though. Your lawyer can help you secure the best possible offer and advise you on the pros and cons of going to trial.
Talk to an Attorney Today
If you want to learn more about your legal options, contact Hausman & Pendzick. Our experienced attorneys can help you deal with the insurance companies and fight for a fair settlement.