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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. Certain accidents could cause serious injuries, even if they are minor accidents. The injured party must immediately call 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues following an accident. They can help them obtain compensation for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. This has helped protect the victims of car accidents from having to pay out-of-pocket costs. However it is crucial to understand what it means. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in a vehicle accident that took place in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist who was struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They may also file a lawsuit in court on your behalf against the driver responsible for the crash. In the aftermath of a serious crash, you may be facing massive medical bills, lost wages and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if you feel as if you're in good shape. If you are unable return to work, no-fault insurance will pay for 80% 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 Exam under Oath. You must attend these appointments, as not attending could result in the denial of benefits retroactively. Pure comparative fault In many cases of car accidents, the plaintiffs may be held to be fully or partially responsible for the accident. The law grants injured parties the right to be compensated according to their percentage of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things: negligence and causation. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. The causality is the manner the negligence caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses are emotional trauma and pain and suffering. New York is one of the states that have strict comparative fault laws which means that those who have suffered can still seek recovery when they are at the 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 is applicable to nearly every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. It is essential to comprehend the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and several liability could be applicable. This system splits the verdict among all defendants when the jury finds you jointly and severally liable for the accident. This is an excellent way to ensure that you receive the most compensation for your injuries. Insurance company tactics The aftermath of a car crash can be as stressful. The victims of injuries typically must deal with medical bills and a loss of income due to being in a position of no work, not to mention their physical pain and emotional distress. Rent and other costs of daily living are also a concern. The last thing they need is to be subjected the tactics of an insurance company trying to convince them to accept a low settlement offer. Insurance companies exist to make money. They do this by denying or reducing your claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies and their devious tactics. In order to save money, insurance companies will do whatever they can to delay or stop your claim. They may also attempt to evade responsibilities by arguing that your injuries aren't related to the crash or that they don't require treatment. They might even claim that your accident was caused by a previous medical condition. In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a common scam that many people are enticed by. In reality, the price will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving is when a driver is using an electronic device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can lead to 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 help investigate the crash to identify all parties who may be responsible for your injuries and losses. They could also file a lawsuit or claim against the driver in order to recover damages. The New York criminal code defines reckless driving as operating the vehicle in a way that endangers the lives and safety of other motorists and pedestrians on bicycles. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the police officer must prove that the driver knew their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light could result in serious accidents. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and could face fines or even jail time. Reckless driving may cause Iowa City injury attorney to other cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your license as well as hefty fines. This can result in a driver's insurance premiums increasing significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless driving laws are very strict and could lead to substantial penalties that include fines and jail time. The severity of the penalty is contingent on several factors such as the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, photos and videos of the scene of the accident, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.