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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. Although the majority of them are collisions between cars, some may cause serious injuries. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can help victims with their legal issues after 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 all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried by out-of-pocket costs It is crucial to understand exactly what it does and does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain criteria. In the first place you must be injured in a vehicle accident that occurred in the state of New York. You Tube must be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by an authorized provider. Additionally you must have sustained a “serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident. After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses, lost wages and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash, even if it feels like you're fine. If you are unable to return to work, no-fault will pay 80 percent of your wages lost up to $2,000 per month. It also covers an important portion of your out-of-pocket costs such as the cost of household assistance. Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that the absence of this could result in denial of benefits retroactively. Purely comparative fault In a majority of car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to seek damages based on the percentage of fault that can be attributable to them. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence refers to breaking a law or committing an act with unreasonable carelessness. The causality is the manner in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff has to prove the economic damages that result from their injuries like medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states that have strict comparative fault laws which means that the injured party can still seek recovery if they are partially at the fault. However, if the person seeking compensation is found to be more than 50% at fault, they are barred from recovering any damages. In this case it is crucial to work with a skilled attorney. Comparative fault applies to almost every personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This is a method that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally responsible for the incident. This is a great way to ensure that you get the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be just as stressful. Victims of injuries often have to deal with medical bills as well as a loss of income due to being unable to work in addition to their physical pain and emotional stress. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they want is to be sucked into the stalling tactics of an insurance company that is trying to get them to accept a settlement offer that is low. Insurance companies exist to earn money. They do this by refusing or reduce your claims. Insurance companies will employ every trick to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their shady tactics. To save money, insurance companies will do everything they can to delay or derail your claim. They also try to avoid liability by arguing that the injuries are not related to the accident or that they do not require treatment. They could even argue that your accident was caused by an earlier medical condition. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, this offer will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless common for people to get injured while driving or riding in another person's 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 texts or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who could be responsible for your injuries and damage. They may also initiate a lawsuit or claim against the driver to recover 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 cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer must prove more than mere negligence or recklessness. This means that the officer must prove that the driver knew their actions could cause an accident or put others in danger. In some cases, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For example, running a red light or stop sign could result in serious injuries and accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and face fines or even jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. Those who are convicted of this offense will have points added to their license and could face large fines. This can cause a driver's insurance rates to rise significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are quite strict and can result in substantial penalties that include fines and jail time. The severity of the punishment depends on several factors including the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will demonstrate your innocence. This evidence might include witness statements as well as phone records to look for distracted driving, images and videos from the scene of the crash, 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.