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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. While the majority of them are fender benders, some can result in serious injuries. The injured parties should immediately call 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues after a 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 all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential to know what it means. To be eligible for No-Fault insurance, you must meet a few criteria. First and foremost you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. Additionally you must have sustained a “serious injury.” Serious injuries are defined by 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 could have a significant negative impact on the person's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the crash. You may have to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. No-fault insurance can cover these costs as well, and you should seek out treatment after an accident, even though you feel well. If you are unable to return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers a large portion of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). YouTube is mandatory, as failing to attend could result in denial of benefits retroactively. Purely comparative fault In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law permits injured parties to recover damages in proportion to the percentage of the blame that is given to them. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the accident is contingent upon showing two things such as negligence and causation. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly caused the injury. To establish legal liability plaintiffs must also prove economic losses, including medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this instance, it is important to consult with a seasoned attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be slightly more complicated in wrongful death claims. The concept of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and work with insurance companies to ensure that you get the most compensation you can for your injuries. Joint and multiple liability may be used in the event of several defendants. This system splits the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be even more challenging. The injured victims are often faced with medical bills, loss of income due to not being able to go to work and physical discomfort. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they need is to be subjected to the stalling tactics of an insurance company trying to get 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 agents will use every method to deny you the compensation you deserve. It is crucial to employ 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 car accident victims. Our attorneys will stand up to insurance companies and their shady tactics. In order to save money, insurance companies will do anything they can to delay or derail your claim. They also try to evade responsibilities by arguing that your injuries are not caused by the crash or do not require treatment. They could even argue that your accident was caused by a previous medical condition. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall to. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to sustain injuries while driving another's vehicle or riding in their vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive messages or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. 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 file a claim or 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 motorists and people on foot or on bicycles. To convict someone the police officer must prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light can result in an accident that is serious. If an individual driver is found be recklessly driving, they could be convicted of a misdemeanor and face either a fine or jail sentence. Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could be subject to hefty fines. This can result in a driver's insurance premiums increasing substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and prison. The severity of a penalty is contingent on a number of factors including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. An experienced reckless accident lawyer will know how to find out the cause of a collision and gather evidence that will demonstrate your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest amount of compensation for your injuries.