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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. While the majority of them are simply collisions between cars, some may result in serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident attorney can help victims with their legal issues after an accident. They can help victims obtain compensation for medical expenses and lost income. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs but it is essential to understand exactly what it means and does not mean. In order to qualify to benefit from No-Fault insurance, you have to meet certain criteria. You must first and foremost be injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in an accredited hospital or provider. In addition, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these injuries are severe and could have a negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident. Following a serious car accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the accident. There is a chance that you will have to pay astronomical medical costs as well as loss of wages, and other costs following a serious accident. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately after a car accident, even if it feels as if you're in good shape. If you're unable to return to work, no-fault insurance will pay for 80 percent of your lost wages up to $2,000 per month. It will also cover a large portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, since failing to do so could result in an appeal to the benefits. Purely comparative fault In a majority of car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law gives injured parties to be compensated according to their percentage of fault. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount that a claimant could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the crash: 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 way the negligence caused the injury. To establish legal liability the plaintiff has to prove the economic damages that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Other non-economic losses include emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured can still claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this situation it is essential to consult with a reputable attorney. Comparative fault is applicable to any personal injury or wrongful death instance where the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will work with insurance companies to secure the most compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and several liability could apply. The system splits the verdict between all defendants if a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. The tactics of the insurance company The aftermath of a car crash can be as stressful. Injured victims often confront medical bills as well as a loss of income due to being unable to work in addition to their emotional and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. The last thing they want is to be subjected to the stalling tactics of an insurance company trying to convince them to accept a low settlement offer. The truth is that the majority of insurance companies are in the business of making money, and they do it by denying or cutting claims. Insurance agents will use every trick to deny you the money you deserve. This is why it is essential to work with a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly strategies. Insurance companies will do all they can to delay your claim or slow negotiations to save as much as possible. They may also attempt to keep the blame off by claiming that your injuries aren't connected to the accident or that they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price is significantly less 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. It is not uncommon for people to sustain injuries while driving another person's car or in their vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine the parties that might be accountable for your injuries and the damages. They may also initiate a lawsuit or claim against the driver to collect damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To find someone guilty the police officer must prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger. In some cases even a minor traffic violation can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor offense and could face either a fine or jail sentence. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime can lead to the addition of points to your license, as well as hefty fines. This could result in driver's premiums going up significantly. It is crucial to employ a New York reckless driving accident attorney to ensure that the driver is convicted in a fair manner. Hialeah injury lawsuit driving laws are very strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on a number of factors including the severity of the accident and whether or not 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 find out the cause of a collision and gather evidence that will prove your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.