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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 a common occurrence. While most of them are just fender benders, some can cause serious injuries. 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 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 accident-related expenses. This has helped protect the victims of car accidents from having to pay out-of-pocket expenses. However it is essential that you understand what it means. In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain requirements. First and foremost you must be injured in a car accident that occurred within the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must have also suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. 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. You may have to pay astronomical medical bills as well as lost wages and other expenses following a serious car accident. These costs can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident, even if it feels like you're fine. If you are unable to return to work, no-fault will cover 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of your out-of-pocket costs which includes the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. YouTube must show up for these appointments, because failure to attend could result in a retroactive denial of benefits. Pure faults that are comparable In many car accident cases, the plaintiffs may be partially or fully responsible for the accident. The law grants injured parties to receive damages according to their percentage of the fault. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent. In a car accident the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence refers to breaking the law or acting with reckless carelessness. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that the injured party could still be able to claim compensation even if they were partially at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this situation it is crucial to work with an experienced attorney. Comparative fault applies 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 complex in wrongful death cases. The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. In addition, if you have multiple defendants in your case the concept of joint and multiple liability could be applicable. This is a system which splits the verdict among all defendants if the jury determines that you are jointly and severally liable for the accident. This is a great way to ensure you receive the maximum amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. The victims of injuries typically must deal with medical bills as well as a loss of income as a result of being in a position of no work, not to mention their physical pain and emotional stress. Rent and other daily expenses are also a problem. The last thing they need is to be subjected 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 in the business of making money and they do this by denying or reducing claims. Insurance companies will employ every method to deny you the money you are entitled to. 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 car accident victims. Our lawyers will take on insurance companies' sneaky tactics. Insurance companies will do everything they can to delay your claim or stall negotiations to save as much money as possible. They also try to keep the blame off by claiming that your injuries aren't directly related to the crash or do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash. In certain cases an insurance adjuster may come up with a settlement amount that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price will be significantly lower than what you really need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is not uncommon for people to get injured while driving or riding in another's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive text messages or 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 crashes are drunk driving, road conditions, and weather conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify the parties responsible for your injuries and losses. They could also file a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of other motorists and people on foot or on bicycles. To convict someone the police officer must prove more than mere negligence or recklessness. This means that the officer must show that the driver knew their actions could cause an accident or put others in danger. In some cases even a minor traffic violation can be considered a form of reckless driving in New York. For instance driving through an intersection with a stop sign could result in a serious accident and injury. If a driver is found driving recklessly, they may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. Those who are convicted of this crime will be subject to points added to their licenses and may be subject to massive fines. This could cause driver's insurance rates to go up substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is found guilty fairly. The laws governing reckless driving in New York are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors, including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. A seasoned reckless driving accident lawyer knows how to investigate the cause of a collision and gather evidence that will prove your innocence. This evidence might include witness statements as well as cell phone records to check for distracted driving, photos and videos from the scene of the accident and official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.