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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal requirements 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, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial that you understand what it means. To qualify for No-Fault Insurance you must satisfy certain requirements. In the first place you must be injured in a car accident that took place in the state of New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist hit by the vehicle. The person who was injured must be treated in a hospital or by a licensed provider. In addition you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries, and can have a profoundly negative impact on the person's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. A lawyer can assist you with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also file a court case on your behalf against the driver who caused the crash. Following a serious car crash, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even if you feel well. If you are unable to return work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It can also cover the majority of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must be present at these appointments, because not attending could result in a retroactive denial of benefits. Pure comparative fault In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law grants injured parties the right to recover damages according to their percentage of blame. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a person could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the crash: negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties are still able to seek compensation even when they are at the fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case it is crucial to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in the case of wrongful death. The concept of comparative fault is essential to be aware of when filing an action for compensation following an accident in New York. Your lawyer will assist you to determine the extent 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 can be used in the event of multiple defendants. This system splits the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, and the aftermath can be even more challenging. Injured victims are often confronted with medical bills, lost income due to inability to go to work and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. The last thing they need is to be subjected the tactics of a stalling insurance company 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 it by denying or cutting claims. Insurance representatives will use any method to stop you from obtaining the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. 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' devious strategies. To save Aurora injury attorneys You Tube , 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 related to the crash or do not require treatment. They may even claim that the accident was caused by an earlier medical condition. In certain cases an insurance adjuster may come up with an amount for settlement that seems reasonable. This is a typical scam that many people fall for. In reality, this offer will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens 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 and causing serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may 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 help you in investigating the crash to determine the parties that could be accountable for your injuries and damage. They can also make a claim or a lawsuit 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 endangers the lives and safety of other motorists and people on foot or on bicycles. To convict a person of this crime, a police officer must demonstrate more than mere negligence or recklessness. This means that the officer must show that the driver knew their actions were likely to cause an accident or put others in danger. In certain instances even a minor traffic offense 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 a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can result in the addition of points to your driver's license, and hefty fines. This could result in driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis. The reckless driving laws in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on a number of factors like the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. A reckless driving accident lawyer who has experience will know how investigate the cause of an accident and gather evidence to prove your innocence. This could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.