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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. Injured parties should call 911 and seek medical attention immediately. A New York car accident attorney can assist victims with legal issues following the crash. They can help victims get compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried due to expenses out of pocket, it is important to understand exactly what it is and what it does not mean. To qualify for No-Fault Insurance you must satisfy certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated at an accredited hospital or provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in many ways after a serious car accident. They can help you understand your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash. Following a serious car crash you could be faced with massive medical bills, lost wages, and other expenses. No-fault insurance will pay for these, and you should always seek out treatment after a crash, even if you feel fine. If you're unable to return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must show up for these appointments, because failing to do so could result in a retroactive denial of benefits. Purely faults of a comparative nature In a lot of car accident lawsuits, the plaintiffs are either completely or partially accountable for the incident. The law permits the injured party to claim damages in proportion to the percentage of blame that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault a claimant can be deemed to have 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 responsibility for the crash depends on showing two things that are causation and negligence. Negligence is the act of breaking the law or committing a breach of the law with reckless negligence. The causality is the manner in which the negligence caused the injury. To prove legal responsibility the plaintiff has to demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured may still be able to claim compensation even if they were partially responsible. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case it is crucial to work with a knowledgeable attorney. Comparative fault applies to almost every personal injury or death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. Suggested Internet site of comparative blame is more complex in cases of wrongful deaths. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to secure the maximum compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and several liability could be applicable. This system splits the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be as stressful. The victims of injuries typically confront medical bills as well as a loss of income due to being in a position of no work in addition to their physical pain and emotional stress. They also have to think about whether they can afford rent and other daily expenses. 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. Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance companies will employ any strategy to prevent you from receiving the compensation you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries aren't related to the crash or that they don't require treatment. They might even claim that the crash was the result of a prior medical condition. In certain cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common tactic that a lot of people fall to. In reality, the price is significantly less than the amount you will actually have to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to get injured while driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving is when a driver is using devices to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving If you've suffered injuries 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 may also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. In order to convict someone of this crime the police officer must demonstrate more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance, running an intersection with a stop sign could lead to serious injuries and accidents. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and be subject to a fine or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as substantial fines. This can result in a driver's premiums going up substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and jail time. The severity of a penalty depends on a variety 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 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 as well as phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you the most compensation for your injuries.