FAQ - Car Accident Lawyer
Should I Get a Lawyer for a Car Accident?
Whether you should hire a car accident lawyer depends on how severe the accident is, the injuries sustained, and if there are potential disputes.
If the accident led to serious injury, death, or significant damage, or if there’s disagreement about who’s at fault, consulting a car accident lawyer can be beneficial. However, for minor incidents, handling the matter through insurance might suffice.
Therefore, it is essential that you consult with a car accident lawyer to determine the applicable time limit for your claim.
How Do Car Accident Lawyer Fees Work?
Generally, a car accident lawyer in New York will work on contingency. This means there are no upfront costs for you. Instead, they take a percentage, usually around 25-40%, of any settlement or court-awarded damages received.
However, actual percentages can vary based on factors such as the complexity of the case and the stage at which it resolves.
However, if there is no settlement, your attorney won’t get paid either. Also, this arrangement allows you to pursue legal action without having to pay attorney fees out of pocket.
Should I Get a Lawyer for a Car Accident That Was Not My Fault?
Yes, hire a lawyer even if a car accident wasn’t your fault. They can accurately assess damages, negotiate with insurance companies, prove liability, and handle complex legal procedures.
Car accident lawyers also represent your interests in court if needed. Although hiring a lawyer incurs costs, not doing so might result in lower compensation due to potential legal and procedural errors.
What Information Does My Car Accident Lawyer Need From Me?
Your lawyer will need: your version of the accident, police reports, medical bills, accident photos, all parties’ contact and insurance info, details about lost wages, and any communication with the other party or their insurer. Always be honest and accurate in providing this information.
Should I Get a Lawyer for a Minor Car Accident?
While it’s not always necessary to hire a lawyer for a minor car accident. You might consider it if:
- There are injuries, however minor, involved.
- You have suffered vehicle or property damage.
- The liability is unclear or disputed.
- You feel your insurance company isn’t adequately representing your interests.
Even if you initially think the accident is minor, complications can arise later. Consulting a car accident lawyer can provide clarity and help protect your rights.
How Long Do I Have to File a Car Accident Claim in New York?
In New York, you have three years after the accident. However, if you’re filing a no-fault insurance claim against a government entity, you must do so within 30 days of the accident. Once done, you’ll have an additional 90 days to take further legal action.
Should I Accept an Offer From an Insurance Company After a Car Accident?
No, do not hastily accept the first offer from an insurance company after a car accident. This initial offer is typically low, may not cover potential unseen damages or injuries, and could be improved through negotiation.
Additionally, understanding your legal rights can be complex. Always consult with a lawyer to properly assess the offer, taking into account factors like medical costs, lost wages, and suffering. Accepting an offer often prevents future claims, so it’s crucial to get it right.
What Are New York Car Accident Laws?
In New York, if you get into a car accident, your own insurance covers your injuries no matter who caused the crash. But if your injuries are really serious, you hold the at fault driver accountable for their negligence.
Moreover, if you’re partly at fault, you can still sue, but you might get less compensation. There are rules about how much insurance everyone needs to have and deadlines for when you can sue.
So, if you’re in an accident, it’s a good idea to talk to a lawyer to understand your options.
Who Is Accountable for a DUI Accident?
The person driving under the influence (DUI) is primarily accountable for a DUI accident. They are responsible due to their decision to drive a vehicle under the influence of alcohol or drugs.