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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. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal issues after a crash. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. This system has protected car accident victims against having to pay out-of-pocket expenses. However it is crucial to know what it means. In order to qualify for the benefits of No-Fault insurance, you have to meet certain criteria. First of all you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by an authorized medical professional. Additionally, you must have suffered a “serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. Following a serious car accident, a lawyer can assist you in a number of ways. They can provide you with legal options, conduct an extensive investigation, and bargain with the insurance company on your behalf. Modesto injury attorneys may also file a lawsuit in court on your behalf against the negligent driver responsible for the crash. After a serious car accident, you may be facing huge medical expenses, lost wages and other expenses. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if you feel like you're fine. If you're unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket expenses, like the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, since failure to attend could result in a retroactive denial of benefits. Pure comparative fault In a majority of car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law allows the injured party to claim damages based on the percentage of the blame that is assigned to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which caps the amount of fault 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 the case of a car crash, the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence refers to breaking a law or acting with reckless carelessness. Causation is the process by which the negligence directly led to the injury. To prove legal responsibility, the plaintiff must also prove the economic damages resulted from their injuries, such as medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states with pure comparative fault laws, which means that injured parties can still seek recovery if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this situation it is crucial to work with a knowledgeable attorney. Comparative fault applies to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. However the concept of comparative fault can be somewhat more complex in wrongful death cases. It is important to understand the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if you have multiple defendants in your case the concept of joint and multiple liability may apply. This system splits the verdict between all defendants if a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims are often confronted with medical bills, loss of income due to being unable to go to work and physical pain. They also have to think about how they will pay rent and other daily expenses. They don't need to be subjected to the stalling tactics used by insurance companies to convince them to accept lower settlement offers. Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance agents will use every trick to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sneaky strategies. In order to save money insurance companies will do whatever they can to delay or derail your claim. They may also attempt to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They could even argue that the crash was the result of a prior medical condition. In some cases, an insurance adjuster will determine a settlement amount that seems reasonable. This is a common tactic that many people fall to. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or in their vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses devices to send or receive text messages, make phone calls or listens to music driving. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may 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 could also initiate a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians on bicycles. To convict a person of this crime, a police officer must prove more than negligence or carelessness. The officer must demonstrate 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 violation can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light could cause a serious accident. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor and could face either a fine or jail sentence. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. 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 increase significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are very strict and could lead to substantial penalties that include fines and jail time. The severity of the punishment depends on several factors including the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An attorney for reckless driving who has experience will be able to determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.