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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 frequent. While most of them are just collisions between cars, some may cause serious injuries. The injured party should immediately call 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after an accident. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket but it is essential to know exactly what it is and what it does not mean. To qualify for No-Fault Insurance you must satisfy certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a profoundly negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can assist you with the legal process in many ways after a serious car accident. They can provide you with legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They can also make a court filing on your behalf against the driver who caused the accident. You could be required to pay astronomical medical bills, loss of wages, and other costs following a serious car accident. No-fault insurance is able to help with these costs and other expenses, so you should seek treatment after an accident, even though you feel fine. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover a large portion of your out-of-pocket costs which includes the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because failing to do so could result in a retroactive denial of benefits. Pure faults that are comparable In a lot of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law permits the injured party to claim damages based on the percentage of fault that can be given to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault that a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured can still seek compensation if they were partially at fault. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this instance, it is important to work with a skilled attorney. Comparative fault is applicable to any personal injury or wrongful death case where the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. It is important to understand the principle of comparative negligence before filing a compensation claim 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 that you receive the maximum compensation possible for your injuries. Joint and several liability could also apply if there are several defendants. This is a method which splits the verdict among all the 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 highest compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, and the aftermath can be more difficult. Injured victims are often faced with medical bills, loss of income due to being unable to go to work and physical pain. Rent and other daily expenses are also a concern. Hoover injury lawyers want is to be subjected to the tactics of a stalling insurance company trying to get them accept a settlement offer that is low. Insurance companies are in business to make money. They do this by denying or cutting your claims. Insurance agents will use every method to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their shady tactics. In order to save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They may even argue that you have a prior medical issue that is responsible for the crash. In certain cases an insurance adjuster may come up with a settlement amount that seems reasonable. This is a classic trick that a lot of people fall for. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to become injured when driving or riding in another person's vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using devices while driving to send or receive texts 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 accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who might be accountable for your injuries and the damages. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and people on foot or on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. In some instances, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance driving at a red light or stop sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as hefty fines. This could cause driver's insurance rates to increase substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The reckless driving laws in New York are very strict and could result in severe penalties that include fines and jail time. The severity of the penalty is contingent on a number of factors, including the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to prove your innocence. This evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos taken at 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 amount of compensation for your injuries.