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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal needs after the crash. They can help victims obtain compensation for medical expenses as well as lost income. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is essential to understand what it means. To qualify for No-Fault Insurance you must satisfy a few criteria. You must first and foremost have been injured in an accident in New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. Additionally you must have suffered 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. All of these injuries are severe and can have a negative effect on the life of a victim. 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 a variety of ways after a serious car accident. They can provide you with legal options, conduct an in-depth investigation, and engage with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the crash. After a serious car accident you could be faced with huge medical bills, lost wages, and other costs. These expenses can be paid for 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 will cover 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket expenses, like the cost of household assistance. Insurance companies frequently try 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, since failing to do so could result in the denial of benefits retroactively. Pure comparative fault In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the accident. The law allows the injured party to claim damages in proportion to the proportion of fault that can be given to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. The causality is the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that the injured party may still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In You Tube , it's important to consult with a reputable attorney. Comparative fault is applicable to any personal injury or wrongful death situation where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complicated in cases of wrongful deaths. The concept of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and multiple liability may also apply if there are several defendants. This system divides the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be as stressful. Injured victims often confront medical expenses and loss of income due to being incapable of working in addition to their physical pain and emotional distress. They also have to worry about whether they can cover rent and other daily expenses. The last thing they want is to be sucked into the tactics of a stalling insurance company that is trying to get them accept a settlement offer that is low. The reality is that most insurance companies are focused on making money and do it by denying or reducing claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it's so important to hire a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly tactics. Insurance companies will do everything they can to delay your claim or slow the negotiations in order to save as much money as possible. They will also try and avoid liability by arguing that the injuries are not directly related to the crash or that they do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash. In some cases an insurance adjuster might arrive at an amount of settlement that appears reasonable. This is a trick that many people fall to. This offer is much lower than the amount you need to pay in order to cover your medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to suffer injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using devices to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can lead to 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 compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine the parties that may be responsible for your injuries and the damages. 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 car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone the police officer has to prove more than mere negligence or recklessness. This means that the officer must prove that the driver knew their actions could cause an accident or put others at risk. In some instances even a minor traffic offense could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light could cause serious accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as hefty fines. This could lead to a driver's insurance premiums increasing significantly. It is essential to find an New York reckless driving accident attorney to ensure that the driver is held accountable on a fair basis. New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and prison. The severity of the penalty depends on a number of factors including the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. An attorney for reckless driving who is experienced can determine the cause of an accident and gather evidence to show your innocence. This could include witness statements and phone records to look for distracted driving, photos and videos from the scene of the accident and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.