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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. Although the majority of them are just fender benders, some can result in serious injuries. The injured party must immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues after an accident. They can assist in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. While this system has helped protect car accident victims from being buried due to out-of-pocket costs It is crucial to understand exactly what it means and does not mean. In order to qualify to benefit from No-Fault insurance, you have to meet certain requirements. First of all you must be injured in a vehicle accident that occurred within the state of New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The injured party also must be treated in a hospital or by a certified medical professional. Additionally you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries that could have a significant negative impact on the person's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the crash. You may have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance will pay for these as well, and you should seek out treatment after a crash, even if you feel fine. If you are unable to 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 many of your out of pocket costs, such as the cost of household assistance. Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, because failure to attend could result in an appeal to the benefits. Pure comparative fault In many cases of car accidents the plaintiffs could be partially or fully responsible for the incident. The law allows injured parties to seek damages according to the percentage of the blame that is attributable to them. This is known as pure comparative fault. Pure comparative fault is distinct 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 typically have a range of 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon showing two things that are causation and negligence. Negligence refers to breaking a law or acting in reckless disregard. The causality is the manner in which the negligence caused the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma and suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this situation it is essential to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative fault is more complicated in cases of wrongful deaths. It is important to understand the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. Additionally, if you have several defendants in your case the concept of joint and multiple liability could apply. This system divides the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. Injured victims often must deal with medical expenses and loss of income due to being in a position of no work, not to mention their physical pain and emotional stress. They also have to think about how they will pay rent and other daily expenses. They don't have to be subjected to the delay tactics employed by insurance companies to convince them to accept lower settlement offers. The fact is, most insurance companies are in the business of making money and do this by denying or reduction of claims. Insurance companies will employ every method to deny you the money you are entitled to. This is why it is so important to hire a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious strategies. In order to save money insurance companies will do whatever they can to delay or stall your claim. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for the crash. In some instances, an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a typical trick that a lot of people are enticed by. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in another's vehicle. The most frequent causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses an electronic device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include 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 may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine the parties that could be accountable for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that endangers the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone of this crime, a police officer must prove more than carelessness or negligence. Flower Mound injury lawsuits must show that the driver was aware that their actions could have caused an accident or place others in danger. In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light can result in a serious accident. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their licenses and may be subject to hefty fines. This can cause a driver's insurance rates to increase significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless driving laws are extremely strict and could lead to substantial penalties that include fines and jail time. The severity of a penalty is contingent on a variety of variables like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An experienced reckless accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. This evidence might include witness statements as well as cell phone records to check for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.