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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event 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 lawyer can help victims with their legal needs after a crash. They can assist in obtaining compensation for their medical bills and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to know what it is and what it does not mean. To be eligible for No-Fault insurance, you must meet some requirements. First and foremost, you must be injured in an accident in New York. You must be a driver or passenger in the vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a devastating negative impact on the person's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve. After a serious auto accident An attorney can assist you in a variety of ways. 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 negligent driver who caused the accident. Following a serious car crash, you may be facing huge medical expenses, lost wages and other expenses. These expenses can be 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 return to work, no-fault insurance will pay for 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 scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that the absence of this could result in retroactive denials of benefits. Purely faults that are comparable In many car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law gives injured parties the right to receive damages according to their percentage of fault. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount a person could be considered to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 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: negligence and causation. Negligence is the act of breaking a 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 responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the states that have pure comparative fault laws, which means that the injured party can still seek recovery when they are 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 case it is crucial to consult with a reputable lawyer. Comparative fault applies to any personal injury or wrongful death case in which the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases. The principle of comparative fault is crucial to know when making claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to secure the most compensation for your injuries. Additionally, if you have multiple defendants in your case the concept of joint and multiple liability may apply. This is a method that divides the judgment between all defendants if the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. Victims of injuries are often confronted with medical bills, loss of income due to not being able to work or suffer physical discomfort. They also have to worry about how they will pay rent and other daily expenses. The last thing they need is to be sucked into the tactics of a stalling insurance company who is trying to convince them to accept a low settlement offer. Insurance companies are in business to make money. They do this by denying or cutting your claims. Insurance companies will employ any method to stop you from receiving the compensation you deserve. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies and their shady tactics. To save money, insurance companies will do anything they can to delay or derail your claim. They also try to avoid liability by arguing that your injuries aren't related to the accident or do not require treatment. They might even claim that you had a prior medical condition that is the reason for the crash. In certain cases, an insurance adjuster will arrive at an amount of settlement that appears reasonable. This is a common trick that many people fall to. The offer is significantly less than the amount you have to pay to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted Tucson injury attorney You Tube occurs when a driver uses an electronic device while driving to send or receive texts or 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 You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who could be accountable for your injuries and damage. They may also bring a lawsuit or claim against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To find someone guilty the police officer must prove more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could result in 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 example driving through an intersection with a stop sign could lead to serious injuries and accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other pedestrians, bicyclists, and motorists. If convicted of this offense will have points added to their license and could be subject to massive fines. This could cause drivers' insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. New York's reckless driving laws are very strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty is contingent on a variety of factors such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A reckless driving accident lawyer who is experienced will be able to determine the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.