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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. While the majority of them are just fender benders, some can cause serious injuries. The injured party should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs following an accident. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault Insurance New York is a no-fault insurance state, which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried due to expenses out of pocket, it is important to know exactly what it is and what it does not mean. To qualify for No-Fault Insurance, you must meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a pedestrian or bicyclist hit by the vehicle. The injured party must also be treated at a hospital or an authorized provider. Additionally you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a serious New York car accident. After a serious auto accident, a lawyer can assist you in a number of ways. They can explain your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident. You could be required to pay for astronomical medical expenses along with lost wages and other expenses following a serious car accident. No-fault insurance can pay for these, and you should always seek treatment after an accident, even though you feel fine. If you are unable return to work, no-fault will cover 80 percent of your lost wages 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 frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, because failing to do so could result in an appeal to the benefits. Purely faults that are comparable In a lot of car accident cases plaintiffs may be liable in part or full for the incident. The law permits the injured party to claim damages based on the percentage of blame that can be given to them. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault, which limits the amount of fault an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident rests on showing two things: negligence and causation. Negligence refers to breaking a law or committing an act with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that the injured party can still seek recovery when they are at the fault. However, if the claimant is found to be more than 50% at the fault, they will be barred from recovering any damages. In this situation it is crucial to consult with a seasoned attorney. Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be slightly more complicated in wrongful death cases. It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if have multiple defendants in your case the concept of joint and several liability could be applicable. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be as stressful. The victims of injuries typically must deal with medical expenses and loss of income due to being incapable of working in addition to their physical pain and emotional distress. They also have to worry about whether they can cover rent and other expenses of daily living. The last thing they want is to be subjected the tactics of a stalling insurance company who is trying to convince them to accept a low settlement offer. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance agents will employ every strategy to prevent you from obtaining the compensation you deserve. This is why it is so important to hire a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' devious tactics. To save money, insurance companies will do anything they can to delay or derail your claim. They also try to avoid responsibility by arguing that your injuries aren't connected to the accident or do not require treatment. They may even argue that you have a prior medical condition that is to blame for your crash. In some cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a classic trick that many people are enticed by. 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 carry no-fault insurance coverage. It is not unusual for people to suffer injuries while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road 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 assist you determine the cause of the accident and identify the parties accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists at risk. To convict High Point injury lawyers of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If a driver is caught driving recklessly, they could be found guilty of misdemeanor charges and could face fines or jail time. Incorrect 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, and hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is convicted in a fair manner. New York's reckless driving laws are very strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of variables including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. A reckless driving accident attorney who is experienced will know how investigate the cause of an accident and gather evidence to show your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.