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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. While most of them are fender benders, some can result in serious injuries. The injured party should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues following an accident. They can assist in obtaining compensation for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by cost-out-of-pocket It is crucial to understand exactly what it is and what it does not mean. To qualify for No-Fault Insurance You must satisfy some requirements. First of all you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian who was struck by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries, and can have a devastating negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident. Following a serious car accident, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident. After a serious car accident, you may be facing astronomical medical bills, lost wages and other costs. No-fault insurance will pay for these and other expenses, so you should seek treatment after an accident, even though you feel okay. If you cannot return to work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It can also cover a large portion of the cost you incur out-of-pocket, including the cost of household help. Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since not attending could result in the denial of benefits retroactively. Purely comparative fault In a majority of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law allows injured parties to be compensated based on their percentage of fault. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a claimant could be found to have in order to keep them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident the other being negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. The causality is the manner the negligence caused the injury. To establish legal liability the plaintiff must prove the economic damages that result from their injuries such as medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states with 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 more than 50 percent responsible, they are not able to claim damages. In this case, it is important to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered physical or mental damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases. The concept of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the most compensation for your injuries. In addition, if have multiple defendants in your case, the concept of joint and several liability could apply. This is a method that splits the judgment amongst all defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the most compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be just as stressful. The victims of injuries typically have to deal with medical bills as well as a loss of income from being unable to work and suffer from physical pain and emotional stress. Rent and other daily expenses are also a problem. They don't have to endure the delay tactics employed by insurance companies to get them to accept low settlement offers. Bakersfield injury lawsuits is that the majority of insurance companies are focused on making money and they do this by denial or reducing claims. Insurance representatives will use any method to stop you from getting the amount you deserve. This is why it's crucial to find a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do all they can to delay your claim or stall the negotiations in order to save as much money as possible. They also try to evade responsibilities by arguing that your injuries aren't related to the crash or 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 determine an amount for settlement that seems reasonable. This is a common method that a lot of people fall for. In reality, the price will be much 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 uncommon for drivers to sustain injuries while driving another person's car or in their own vehicle. The most frequent causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. 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 driver accident lawyer can help you in analyzing the crash to determine the parties that could be responsible for your injuries and the damages. They may also file a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. This means that the officer must prove that the driver knew their actions were likely to cause an accident or put others at risk. In some cases, even a minor traffic offense could be viewed as a type of reckless driving in New York. Running a stop sign or red light could result in a serious accident. If an individual driver is found be driving recklessly, they may be convicted of a misdemeanor offense and be subject to either a fine or jail sentence. Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. Anyone who is found guilty of this offense will have points added to their license and could face large fines. This could cause drivers' insurance rates to go up substantially. It is important to hire 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 very strict and can result in significant penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of factors, such as the severity of the accident and if there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to prove your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.