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New York Car Accident Frequently Asked Questions

Many clients come to a New York car accident lawyer to ask questions after they find out that their insurance will not cover enough of their injuries following an accident. You need an experienced legal team that will assist you with the idea of pursuing legal action. Trying to manage this on your own can seem daunting, expensive and confusing. You want to ensure that you have an attorney who you can trust to ask questions about the litigation process, the firm or the accident itself. Many of the frequently asked questions brought to a New York car accident attorney have to do with how your claim will be managed and what to do if you encounter challenges. Read these questions below.

Q: How do I know who was at fault?

Many people are confused about the no-fault laws in New York. This means that both drivers have to turn to their own insurance company following an accident if they have been injured. If someone is critically injured, however, such as sustaining a catastrophic injury, the state empowers the victims to go outside the confines of the no-fault system and pursue legal action. It must be determined in that stage who was at fault for the accident.

When you are involved in a vehicle wreck and if you are not yet sure whether you are at fault, you should contact the police. When the officers arrive, the police speak to both parties involved and in the report, they will identify someone who was at fault. Even if this happens and you believe that you were incorrectly named at fault, the accident report is not the be all and end all of your personal injury case. Schedule a consultation with a New York car accident lawyer for your frequently asked questions.

Q: If I was partially to blame, do I still have a case?

You may still be eligible to pursue legal action if you were partially at fault for the accident. This is because New York recognizes comparative negligence. Your percentage of fault and the amount of damages you can recover may affect one another.

Q: What evidence do I need pertaining to my car accident?

If you have been treated for injuries and the police have already made a report, you should do your best to obtain photographs of the injuries sustained, a police report copy, the driver's names and license numbers involved in the accident, photographs of the accident and the damage done and medical records.

Q: Do I really need to see a doctor?

Many of the most severe injuries in a New York car accident are not immediately discovered. Some of these include herniated discs, fractured or dislocated vertebrae, traumatic brain injury or cervical strain. These often require both expensive and extensive medical care and for this reason you should be evaluated by a medical professional immediately.

Q: Should I give medical authorization if the insurance adjustor asks for it?

If your insurance adjustor asks you for medical authorization, this gives them the opportunity to review any and all of your medical records, even those not associated with the accident. This can ultimately be used against you and is rarely in your best interests. Talk to your New York car accident attorney to learn more.

Q: I've been offered a settlement. Should I accept it?

If you accept a check from the insurance company that they consider the matter to be settled, it could prevent you from pursuing any further recovery from the at-fault driver or their insurance company. This is why you need to have your injuries fully evaluated by a medical professional and schedule a consultation with an experienced New York car accident lawyer for your frequently asked questions.

Q: Why do I need an attorney?

You need an attorney because there are many complex legal aspects of managing your car accident claim that should only be handled by a dedicated and knowledgeable attorney who has been practicing in the field for years. Waiting too long to get help could put you in a difficult position and bar you from ever being able to pursue recovery.

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