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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. Although the majority of them are fender benders, some can result in serious injuries. The injured party should immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues following an accident. They can help victims get compensation for medical expenses as well as lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. This has helped protect those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However, it is important to understand what it means. To qualify for No-Fault Insurance you must satisfy certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. In addition you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely severe injuries that can have a devastating negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can assist you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident. In the aftermath of a serious crash you could face huge medical bills, lost wages, and other expenses. These expenses can be covered by no fault insurance, and you should seek medical attention immediately following a car crash even if you feel like you are fine. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out of pocket expenses, like the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must attend these appointments, since failing to do so could result in a retroactive denial of benefits. Pure faults that are comparable In many car accident lawsuits, plaintiffs are partly or totally accountable for the crash. The law allows injured parties the right to receive damages according to their percentage of fault. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the act of breaking a law or acting with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states with pure comparative fault laws, which means that the injured party can still seek recovery when they are at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this case, it is important to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful death case where the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in the case of wrongful death. The principle of comparative fault is very important to understand when making claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and multiple liability could be applicable. This is a method that splits the judgment amongst all defendants in the event that the jury decides that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. Victims of injuries often confront medical bills and a loss of income from being incapable of working, not to mention their emotional and physical pain. Rent and other daily expenses are also a concern. They don't have to endure the stalling tactics used by insurance companies to get them to accept low settlement offers. Insurance companies are in business to earn money. They do this by refusing or reducing your claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you are entitled to. This is why it is so important to hire an 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' sneaky strategies. Insurance companies will do everything they can to delay your claim or stop the negotiations in order to save as much as possible. They also try to keep the blame off by claiming that the injuries are not connected to the accident or do not require treatment. They may even claim that your crash was caused by an earlier medical condition. In certain cases the insurance adjuster may 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 your medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to become injured while driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using devices while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Fremont injury lawsuits of crashes include drunk driving, road conditions and weather. 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 help you in investigating the crash to determine all parties that could be responsible for your injuries and the damages. They may also file a claim or 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 cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime the police officer must show more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example, running a red light or stop sign could cause serious injuries and accidents. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this offense can lead to the addition of points to your license and hefty fines. This can cause a driver's insurance rates to rise substantially. 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 regarding reckless driving in New York are very strict and can result in severe penalties, including fines and prison. The severity of a penalty depends on a variety of variables including the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. An attorney for reckless driving who has experience will know how investigate the root of the accident and gather evidence to demonstrate your innocence. This evidence could include witness statements as well as phone records to determine whether 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 with the aim of getting you the most compensation for your injuries.