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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. Although the majority of them are just fender benders, some can cause serious injuries. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal requirements after an accident. They can assist them 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 protected by their own auto insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has safeguarded car accident victims against being weighed down by out-of-pocket expenses. However it is essential that you understand what it means. To be eligible to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The person who was injured must be treated in a hospital or by a licensed provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are severe and could have a negative impact on a victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident. Following a serious car accident, a lawyer can assist you in a variety of ways. They can explain your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the driver responsible for the crash. You may have to pay astronomical medical bills, lost wages, and other expenses following a serious accident. These expenses are paid for by no-fault insurance and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape. If you are unable to return work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a lot 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 failing to attend could result in retroactive denials of benefits. Pure comparative fault In a lot of car accident cases plaintiffs may be partially or fully responsible for the accident. The law permits injured parties to recover damages based on the proportion of fault that can be given to them. This is referred to as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount a person could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the accident is contingent upon proving two things such as negligence and causation. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. Causation refers to the way in which the negligence directly caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses are emotional trauma and suffering and pain. New York is one of the states that have absolute comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at fault. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this situation it is crucial to consult with a seasoned attorney. Comparative fault can be applied to almost every personal injury or death case in which a victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in cases of wrongful deaths. The principle of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Additionally, if you have several defendants in your case, the concept of joint and multiple liability could apply. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, but the aftermath can be even more challenging. The injured victims are often faced with medical bills, loss of income due to being unable to work, and physical pain. They also have to think about how they will pay rent and other expenses that are part of their daily lives. They don't need to be subjected the stalling tactics used by insurance companies to try and get them to accept lower settlement offers. Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance companies will employ every method to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky strategies. Insurance companies will do all they can to delay your claim or stop negotiations to save as much as possible. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for the crash. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall to. In reality, the price will be much lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving occurs when a driver uses devices to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, 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 who may be responsible for your injuries and losses. Anchorage injury attorney You Tube may also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving at an intersection with a stop sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your license as well as hefty fines. This could lead to a driving's premiums rising substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and prison. The severity of a penalty is contingent on a variety of variables, such as the severity of the accident, as well as aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident lawyer who has experience will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photos and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.