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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 frequent. While most of them are just accidents that cause fender benders, a few can result in serious injuries. The injured party should call 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal requirements following an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault insurance you must satisfy certain requirements. First of all you must be injured in a car accident that occurred in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated in an accredited hospital or provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined in 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 severe and can have a negative impact on the victim's life. If you've been injured in a 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 a variety of ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and engage with the insurance company on your behalf. They may also file a lawsuit in court on your behalf against the negligent driver who caused the accident. In the aftermath of a serious crash you could be faced with huge medical expenses, lost wages and other costs. These expenses can be covered by no fault insurance, and you should seek medical attention immediately following a car crash even if it seems like you are fine. 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 also covers a number of your out-of-pocket costs, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely faults that are comparable In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law permits the injured party to claim damages in proportion to the proportion of the blame that is assigned to them. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be considered to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence is the act of breaking the law or acting in reckless disregard. Causation refers to how the negligence directly led to the injury. To establish legal liability the plaintiff has to demonstrate the economic loss resulted from their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured may still be able to claim compensation even if they were partially at fault. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this case, it is important to work with a skilled attorney. Comparative fault is applicable to nearly every personal injury or death case where a victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault can be a bit more complicated in wrongful death cases. It is crucial to grasp the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. The system splits the verdict among all defendants when a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, and the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, lost income due to being unable to work, and physical pain. Rent and other expenses are also a problem. The last thing they need is to be sucked into the tactics of an insurance company who is trying to get them accept a settlement offer that is low. The reality is that most insurance companies are focused on making money, and they do this by denial or cutting claims. Insurance companies will employ every method to deny you the money you are entitled to. 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 have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their sneaky tactics. In order to save money, insurance companies will do everything they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that the injuries are not connected to the accident or that they do not require treatment. They may even argue that you have a prior medical condition that is the reason for the crash. In some instances an insurance adjuster might arrive at a settlement amount that seems reasonable. This is a common trick that many people fall prey to. In reality, this offer is significantly less than what you really need to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to become injured while driving or riding in a person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine all parties that might be accountable for your injuries and the damages. They can also bring 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 convict a person of this crime, a police officer must prove more than negligence or carelessness. Boca Raton must show that the driver was aware that their actions could cause an accident or place others in danger. In certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. For instance driving through an intersection with a stop sign could result in an accident that is serious and cause injury. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor crime and be subject to a fine or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. If convicted of this offense will have points added to their licenses and may be subject to massive fines. This could result in driver's insurance premiums increasing substantially. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is held accountable fairly. New York's reckless-driving laws are extremely strict and could result in significant penalties, including fines and prison. The severity of the penalty depends on a number of factors, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license. An experienced reckless driving accident lawyer knows how to determine the causes of a crash and gather evidence that will show your innocence. This could include witness statements, cell phone records to check for distracted driving, photos and videos from the scene of the crash, official medical reports, and toxicology reports. They will file and defend lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.