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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. Some of these accidents can cause serious injuries, even if they are only minor collisions. Injured parties should call 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues following an accident. They can assist in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. This system has protected the victims of car accidents from being weighed down by out-of-pocket costs. However it is crucial to know what it means. To be eligible for No-Fault Insurance You must satisfy a few criteria. In the first place, you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by an authorized medical professional. Additionally you must have suffered a “serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and can have a devastating negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident. After a serious car accident you could be faced with astronomical medical expenses, lost wages and other expenses. No-fault insurance can pay for these, and you should always seek treatment after a crash, even if you feel fine. If you are unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover an important portion of the cost you incur out-of-pocket which includes the cost of household help. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. You must be present at these appointments, since failing to do so could result in a retroactive denial of benefits. Pure faults that are comparable In many car accident cases, the plaintiffs may be partially or fully responsible for the accident. The law gives injured parties the right to recover damages based on their percentage of fault. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the crash the other being negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility the plaintiff has to prove the economic damages resulted from their injuries, for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states with a pure comparative fault law, which means that injured parties can still seek compensation if they were partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they will be barred from recovering any damages. In this case it is essential to work with an experienced attorney. Comparative fault can be applied to any personal injury or wrongful-death case where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in the case of wrongful death. It is crucial to grasp the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident and work with insurance companies to ensure that you get the most compensation you can for your injuries. In addition, if have multiple defendants in your case the concept of joint and numerous liability may apply. The system splits the verdict among all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you get the maximum amount of compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be equally stressful. Injured victims often must 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. Rent and other daily expenses are also a major concern. They don't have to be subjected the strategies of stalling employed by insurance companies to try and get them to accept lower settlement offers. The reality is that most insurance companies are focused on making money and do it by denying or reduction of claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. This is why it's 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 car accident victims. Our attorneys will fight insurance companies' sly tactics. To save money insurance companies will do everything they can to delay or derail your claim. They also try to avoid responsibility by arguing that your injuries aren't related to the accident or that they do not require treatment. They might even claim that your crash was the result of a prior medical condition. In some cases, an insurance adjuster will come up with an amount of settlement that appears reasonable. This is a classic method that many people fall for. In reality, the price will be significantly lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine who may be accountable for your injuries and the damages. They can also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists at risk. To convict a person of this crime, a police officer must prove more than negligence or carelessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving through an intersection with a stop sign could result in a serious accident and injury. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could face large fines. This could result in driver's insurance premiums increasing significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing 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 including the severity of an accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the ca us e of a collision and gather evidence that will demonstrate your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.