If you sustained physical harm in a collision and you are unsure of what to do next, your best option is contact StolzenbergCortelli, LLP and speak with an experienced car accident attorney. When you talk with us, we can go over how to get benefits such as no-fault insurance, supplemental underinsured motorist (SUM) coverage, and uninsured motorist (UM) coverage. There are many important aspects of car accidents in Nanuet that you need to discuss with a legal professional.
One important aspect of car crashes that drivers in Nanuet should understand is that there is no one-size-fits-all answer regarding liability, since there are so many reasons for a crash. Car accidents can occur due to rear-end crashes, failure to yield, failure to stop at a traffic light, speeding, following too closely, and distracted driving, among others. If someone runs a red light, there is a good chance they are responsible but there are always unique circumstances involved in a case which could potentially shift liability.
All of New York is comparative negligence jurisdiction, which could potentially help a plaintiff who might be at fault to a degree. They can still recover damages but the amount they recover is offset by the percentage that they are at fault. It also can help if there are multiple parties responsible, since they each pay their fair share of damages. Fault or liability can shift if somebody was speeding, disobeying the rules of the road, failed to stop at a light, failed to yield to other drivers, texted while driving, or was intoxicated while behind the wheel.
Everyone is is entitled to no-fault auto insurance in this state. It will pay medical expenses up to a certain amount, regardless of who was at fault, and they could also get lost wages from it up to a certain amount.
It is important to contact an attorney as soon as possible because they only have 30 days to file a no-fault claim. In case the plaintiff has to make an SUM/UM claim, there will be only a certain amount of time to put their insurance on notice. In some cases, a lawyer might need to get surveillance video, which they can send out requests to preserve immediately.
A hit and run occurs when a driver hits another vehicle – or pedestrian or bicycle – and flees the scene of accident without reporting insurance, exchanging information, calling the police, or even failing to stop when an accident occurs.
The person who does the hit-and-run could potentially get criminal charges, usually a misdemeanor. It affects a potential case because if the plaintiff cannot find the person responsible for the hit-and-run, they will have to file a UM claim with the plaintiff’s own policy.
One way a lawyer could help with a hit and run case is by helping someone get their UM coverage, if they have it. A lot of people do not think they can get any money from their car accident if there is no defendant, but there are other ways for plaintiffs to get the funds they need to address their medical bills.
Another aspect of hit and runs are the potential for punitive damages. Punitive damages are designed punish the party responsible for the crash and for doing something so destructive. It can also act as a deterrent to caution others against fleeing an accident.
A person who was injured in a hit and run accident in Nanuet should call for medical help and, if they are able to, document the crash scene and the surrounding area. If they can get a photo or video of the other driver speeding away, that can greatly help their cause. It is important to see if there are any surveillance videos that might have caught the license plate or any witnesses that were in the area who could identify the vehicle that fled the scene.
There are too many things going on after a car crash – both legal and otherwise – for you to have to have to worry about. Focus on getting better and leave the legal details to a Nanuet attorney. The team at StolzenbergCortelli, LLP could explain your options and advise on the next best steps. Call us today for a free consultation.