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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 cause serious injuries. The injured party should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical expenses 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 accident-related costs. This system has protected those who have been injured in car accidents from having to pay out-of-pocket costs. However it is essential that you understand what it means. To be eligible for No-Fault insurance you must satisfy a few criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. Additionally, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the person's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. After a serious auto accident, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on behalf of you against the driver who caused the accident. You may have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance can pay for these, and you should always seek treatment following an accident, even though you feel fine. If you are unable to return to work, no-fault will pay 80% of your lost wages up to $2,000 per month. It can also cover many of your out of pocket expenses, like the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because failing to do so could result in an appeal to the benefits. Pure comparative fault In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the incident. The law permits injured parties to recover damages based on the proportion of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which limits the amount that a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things: negligence and causation. Negligence refers to breaking a law or committing an act with reckless carelessness. Causation refers to the way in which the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative fault law, which means that those who are injured could still be able to claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this instance it is crucial to work with a skilled attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is slightly more complicated in wrongful death claims. The concept of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Joint and several liability could also apply if there are multiple defendants. The system splits the verdict between all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be more challenging. The victims of injuries typically must deal with medical bills and a loss of income due to being in a position of no work and suffer from emotional and physical pain. Rent and other daily expenses are also a major concern. The last thing they need is to be sucked into the tactics of a stalling insurance company that is trying to get them accept a low settlement offer. Insurance companies are in business to make money. You Tube do this by refusing or cutting your claims. Insurance representatives will use any tactic they can to prevent you from obtaining the compensation you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of 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 stop negotiations to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries aren't caused by the crash or that they don't require treatment. They may even argue that you had a prior medical condition that is the reason for your crash. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a typical trick that many people are enticed by. In reality, the price is significantly less than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses devices while driving to send or receive messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include 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 driving accident lawyer can help determine the cause of the accident and identify all parties that could be accountable for your injuries and losses. They may also make a claim or a lawsuit 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 pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could cause serious accidents. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor crime and face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This can cause a driver's insurance rates to go up substantially. It's important to hire a New York reckless driving accident attorney who will ensure the driver is convicted in a fair manner. The reckless driving laws in New York are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of variables, such as the severity of an accident, as well as aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to demonstrate your innocence. This evidence could include witness statements, phone records to check if the driver was distracted, photographs 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 aimed at getting you the most compensation for your injuries.