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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. While the majority of them are accidents that cause fender benders, a few can result in serious injuries. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. This system has protected car accident victims against having to pay out-of-pocket costs. However it is essential to understand what it means. To be eligible for No-Fault insurance you must satisfy some requirements. First and foremost, you must be injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist who was struck by the vehicle. The injured party also must be treated in a hospital or by a licensed provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries, and can have a devastating 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 help you get the compensation that you deserve. Following a serious car accident An attorney can assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the negligent driver who caused the accident. You could be required to pay astronomical medical costs as well as lost wages, and other expenses following a serious accident. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a collision even if it seems like you are fine. If you are unable to return to work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It can also cover a large portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, because failure to attend could result in the denial of benefits retroactively. Pure faults of a comparative nature In many car accident cases plaintiffs may be liable in part or full for the incident. The law gives injured parties to receive damages according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally accountable for the accident the other being negligence and causality. Negligence is the violation of the law or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this case, it's important to consult a knowledgeable attorney. Comparative fault is applicable to any personal injury or wrongful-death case where the victim (or heirs) have suffered mental or physical injuries. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you receive the most compensation you can for your injuries. Joint and several liability could also apply if there are several defendants. This is a system that divides the judgment between all defendants in the event that the jury determines that you are jointly and severally responsible for the incident. This is an excellent way to ensure you receive the most compensation for your injuries. Insurance company tactics The aftermath of a car accident can be as stressful. Victims of injuries often confront medical bills as well as a loss of income due to being incapable of working and suffer from emotional and physical pain. Rent and other expenses are also a problem. The last thing they need is to be subjected to the tactics of a stalling insurance company trying to get them accept a low settlement offer. Insurance companies exist to make money. They do this by refusing or cutting your claims. Insurance companies will employ every method to deny you the money you are entitled to. It is crucial to employ 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 of car accident victims. Our attorneys will fight insurance companies' devious tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They may even claim that the crash was caused by an earlier medical condition. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a typical scam that many people fall for. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can 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 You could 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 assist you investigate the crash to identify all parties who may be accountable for your injuries and losses. Chesapeake injury lawyers may also file a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians on bicycles. To convict someone, a policeman must show more than just negligence or recklessness. This means that the officer must show that the driver was aware that their actions could cause an accident or put others in danger. In some cases even a minor traffic offense can be considered a form of reckless driving in New York. For instance, running an intersection with a stop sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or even jail time. Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. Anyone who is found guilty of this offense will receive points added to their licenses and could be subject to massive fines. This could lead to a driver's insurance premiums increasing substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. New York's reckless driving laws are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty is contingent on a number of factors, such as 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 experienced reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will prove your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photos and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.