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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are a common occurrence. Although the majority of them are accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately call 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after an accident. They can help them obtain the compensation they need 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 cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. While this system has helped protect car accident victims from being buried due to cost-out-of-pocket, it is important to understand exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by a licensed provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and can have a profoundly negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. Fayetteville injury lawyer can assist you in understanding 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 driver who caused the accident. You may have to pay for astronomical medical expenses, lost wages, and other expenses after a serious auto accident. No-fault insurance is able to cover these costs, and you should always seek treatment following a crash, even if you feel well. If you are unable to return work due to an injury, no fault insurance will cover up to $2,000 of lost wages per month. It will also cover the majority of your out-of-pocket expenses, including the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that the absence of this could result in denial of benefits retroactively. Pure comparative fault In many cases of car accidents the plaintiffs could be partially or fully responsible for the incident. The law allows injured parties the right to receive damages in proportion to their share of blame. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence is the act of breaking a law or committing an act with reckless carelessness. The causality is the manner that the negligence led to the injury. To prove legal responsibility the plaintiff must prove the economic damages that result from their injuries like medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured may still be able to claim compensation even if they were partially at fault. However, if the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this instance, it's important to consult a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful death case in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complex in the case of wrongful death. The concept of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability could be used in the event of multiple defendants. This is a system that divides the judgment between all defendants in the event that the jury finds that you are jointly and multiplely responsible for the incident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be just as stressful. Victims of injuries are often confronted with medical bills, loss of income due to not being able to work, and physical pain. They also have to think about whether they can cover rent and other daily expenses. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to get them to accept a settlement offer that is low. The truth is that the majority of insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance companies will employ any method to stop you from getting the compensation you are entitled to. 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 fight insurance companies' sly strategies. Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much as possible. They may also attempt to keep the blame off by claiming that your injuries aren't directly related to the crash or that they do not require treatment. They might even claim that you have a prior medical condition that is the reason for your crash. In certain cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a trick that many people fall prey to. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or in their vehicle. Some of the most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses 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 and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine 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 your damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty, a policeman must show more than mere negligence or recklessness. 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 a serious accident. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense 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 type of offense could result in the addition of points to your driver's license, as well as substantial fines. This could cause driver's insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the punishment depends on a variety of factors, including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may 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 demonstrate your innocence. This evidence could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.