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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are common. Although the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following an accident. They can assist victims in obtaining compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other costs related to accidents. This system has protected the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost, you must be injured in an accident in New York. You must also be a driver, passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated in a hospital or an authorized provider. You must also have suffered “a 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. All of these injuries are serious and can have a negative effect on the life of a victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. A lawyer can assist you with the legal process in numerous ways following a serious auto accident. They can provide you with legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also make a court-filed lawsuit on behalf of you against the driver responsible for the crash. You could be required to pay astronomical medical costs, loss of wages, and other costs following a serious accident. No-fault insurance is able to pay for these and other expenses, so you should seek out treatment after an accident, even if you feel fine. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover the majority of your out-of-pocket costs which includes the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must show up for these appointments, because failing to do so could result in a retroactive denial of benefits. Purely comparative fault In a majority of car accident lawsuits, the plaintiffs are partly or totally accountable for the crash. The law grants injured parties the right to be compensated in proportion to their share of fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the accident the other being negligence and causality. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses are emotional trauma and suffering and pain. New York is one of the 13 states with strict comparative fault laws which means that injured parties may still pursue recovery even when they are at the fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be disqualified from claiming damages. In this case it is essential to consult a knowledgeable attorney. Comparative fault applies to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered physical or mental damages. However the concept of comparative fault is a bit more complicated in wrongful death claims. It is essential to comprehend the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the most compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and several liability could apply. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the most compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be as stressful. Victims of injuries often must deal with medical bills and a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. Rent and other daily expenses are also a major concern. The last thing they want is to be subjected to the tactics of an insurance company trying to convince them to accept a settlement offer that is low. The reality is that most insurance companies are in the business of making money, and they do this by denial or reducing claims. Insurance agents will use every trick to deny you the money you deserve. This is why it's essential to work with an 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 lawyers will fight insurance companies' devious strategies. To save money insurance companies will do whatever they can to delay or derail your claim. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you had a prior medical condition that is to blame for your crash. In some instances an insurance adjuster may determine a settlement amount that seems reasonable. This is a common trick that many people fall to. In reality, the price will be much lower than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to sustain injuries while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who may be responsible for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of others on the road and people on foot or on bicycles. To convict someone of this crime an officer of the police force must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger. In some cases, even a minor traffic offense can be viewed as a form of reckless driving in New York. For YouTube , running a red light or stop sign could result in serious injuries and accidents. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor crime and could face a fine or jail time. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime could result in the addition of points to your license as well as substantial fines. This could cause driver's insurance rates to go up significantly. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and could result in severe penalties which include fines and even imprisonment. The severity of the punishment depends on several factors, including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence to show your innocence. This could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.