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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. While the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party should call 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other costs related to accidents. This system has protected car accident victims against being burdened with out-of pocket costs. However, it is important to know what it means. To qualify for No-Fault Insurance You must satisfy certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated at an accredited hospital or provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can explain your legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills along with loss of wages, and other costs after a serious auto accident. These costs can be paid for by no-fault insurance and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape. If you are unable return to work, no-fault will pay 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Lawrence injury lawyers must attend these appointments, as not attending could result in the denial of benefits retroactively. Purely faults that are comparable In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the incident. The law grants injured parties to recover damages according to their percentage of fault. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the accident: negligence and causality. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. The causality is the manner the negligence caused the injury. To prove legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma as well as pain and suffering. New York is one of the states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this situation it is essential to consult with a reputable attorney. Comparative fault can be applied to any personal injury or wrongful-death case in which the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault is somewhat more complex in wrongful death cases. The concept of comparative fault is essential to be aware of when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and multiple liability could apply. This is a system which splits the verdict among all the defendants if the jury finds that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the highest compensation possible for your injuries. Insurance company tactics The aftermath of a car crash can be as stressful. Injured victims often confront medical bills and a loss of income due to being in a position of no work and suffer from physical pain and emotional distress. They also have to think about how they will pay rent and other expenses of daily living. They don't have to be subjected to the stalling tactics used by insurance companies to convince them to accept lower settlement offers. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will use every trick to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' devious strategies. Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much as possible. They will also try to avoid accountability by arguing that your injuries are not caused by the crash or do not require treatment. They might even claim that your crash was the result of a prior medical condition. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to suffer injuries while driving another's vehicle or in their vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using devices while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties accountable for your injuries and losses. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and pedestrians or riders on bicycles. To convict someone of this crime the police officer must demonstrate more than mere negligence or recklessness. This means that the officer must prove that the driver was aware that their actions were likely to cause an accident or put others at risk. In some instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For example driving through an intersection with a stop sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this offense can result in the addition of points to your license as well as substantial fines. This could result in driver's insurance premiums increasing significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of a penalty is contingent on a number of factors, such as the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence. A reckless driving accident lawyer who is experienced will be able to determine the cause of an accident and gather evidence to show your innocence. This evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.