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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are common. Certain accidents could cause serious injuries even if they're only minor collisions. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with their legal issues following a crash. They can assist them in obtaining the compensation they need 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 protected those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important to understand what it means. To be eligible for No-Fault insurance, you must meet some requirements. First of all 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 insured vehicle or a bicyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in numerous ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the negligent driver who caused the accident. In the aftermath of a serious crash you could face huge medical expenses, lost wages and other expenses. No-fault insurance will help with these costs, and you should always seek out treatment after a crash, even if 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 can also cover an important portion of your out-of-pocket expenses such as the cost of household help. Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, as failing to do so could result in a retroactive denial of benefits. Pure faults of a comparative nature In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to recover damages in proportion to the proportion of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault, which limits the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of 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 responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income and 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 those who have suffered can still seek recovery in the event that they are partly at the fault. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this case it is essential to work with a knowledgeable lawyer. Comparative fault is applicable to nearly any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. The concept of comparative fault is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will help you determine the severity of your own responsibility for the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if you have several defendants in your case, the concept of joint and several liability may apply. You Tube splits the verdict between all defendants when 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 compensation possible for your injuries. Strategies of insurance companies Car accidents can be stressful enough, but the aftermath can be even more challenging. The victims of injuries typically have to deal with medical bills and a loss of income due to being unable to work, not to mention their emotional and physical pain. Rent and other costs of daily living are also a problem. 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 low settlement offer. The fact is, most insurance companies are in the business of making money and they do this by denying or cutting claims. Insurance agents will use every method to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. 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 and their devious tactics. In order to save money, insurance companies will do anything they can to delay or stall your claim. They will also try to avoid accountability by arguing that your injuries aren't related to the crash or do not require treatment. They may even argue that you had a prior medical condition that is to blame for the crash. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a common tactic that many people fall prey to. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to be injured while driving another person's car or in their own vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving happens when a driver uses devices while driving to send or receive messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who might be responsible for your injuries and damages. They can 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 drivers or pedestrians and cyclists at risk. To convict a person of this crime, a police officer must demonstrate more than mere carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. In some cases even a minor traffic violation can be considered a form of reckless driving in New York. For example driving at the red light or stopping sign could cause a serious accident and injury. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and face a fine or jail time. Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, as well as hefty fines. This could cause drivers' insurance rates to increase substantially. It is essential to find a New York reckless driving accident attorney who will ensure the driver is held accountable on a fair basis. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and prison. The severity of the penalty depends on a variety of factors, such as the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An experienced reckless accident lawyer will know how to find out the causes of a crash and gather evidence that will show your innocence. This could include witness statements, phone records to check whether 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 ensure you receive the maximum compensation for your injuries.