Auto Insurance Claims in New York: Damage Caps and Time Limits


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Auto insurance claims in NY have certain limitations that you need to be aware of.  Some of these limitations you set by the policy that you choose and others are put in place for you.  Some are extremely specific while others are rather vague.  If you plan to file any auto insurance claims in NY then you should know about every factor that could affect or interfere with your payout.

Before You Need To File A Claim

Before you even have a reason to file a New York auto insurance claim you should take care of the details.  You should know exactly how much coverage your auto insurance policy provides and what situations this coverage applies to.  Common sense is a good rule of thumb too.  If you want your auto insurance claim handled in a timely manner then you want to submit it as soon as possible. 

Damage Caps

Some states have rules about how much money can be paid out for damages.  Damage caps are sometimes put into place for instances of non-economic general damages, wrongful death cases, and dram shop cases.  New York has no such damage caps but does have some rules pertaining to pure comparative negligence which says that a plaintiff can recoup damages from a third party if that third party is demonstrably responsible for the accident to some extent.

Time Limits

In general, there is no specific set time limit for how long any part of the New York auto insurance claims process will take.  Instead, there is a more vague reference to the need for all claims to be paid in a "prompt and reasonable" amount of time.  Of course, this can provide New York auto insurance companies with the ability to stall so you need to be ready to face that possibility.

Involving An Attorney In The Process

There are almost endless laws, rules, and regulations that can be involved in New York auto insurance claims so you need an attorney to help you sort through it all.  The average person could easily be misled by someone claiming to be handling a New York auto insurance claim fairly if that average person does not know auto insurance laws well enough to tell when something just is not right.  Even if you know that something is not right then you still need an attorney to site the specific law being violated and to present this information in court, if need be.

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