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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. Certain accidents could cause serious injuries even if they're just minor collisions. Injured parties should call 911 and seek medical attention right away. A New York car accident attorney can help victims with their legal issues following a crash. They can help them obtain compensation for their medical bills and lost wages. 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 expenses, lost wages and other costs related to accidents. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial to understand what it means. To qualify for No-Fault Insurance, you must meet certain requirements. In the first place, you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated at a hospital or an authorized provider. You must also 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. All of these injuries are serious and could have a negative impact on a victim's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident. A lawyer can assist you with the legal process in a variety of ways after a serious car 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 file a lawsuit in court on behalf of you against the driver who caused the accident. In the aftermath of a serious crash you could be faced with huge medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a collision, even if it feels like you are fine. If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages 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 frequently try to deny you coverage for 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 the denial of benefits retroactively. Pure comparative fault In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law permits the injured party to claim damages according to the percentage of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant may be deemed to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on showing two things: negligence and causation. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses that result from their injuries like medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma as well as suffering and pain. Alameda is one of the 13 states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at the fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this instance, it is important to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in the case of wrongful death. The concept of comparative blame is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum compensation for your injuries. Joint and several liability can be used in the event of multiple defendants. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation possible for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be just as stressful. Injured victims are often confronted with medical bills, loss of income due to inability to work or suffer physical discomfort. Rent and other costs of daily living are also a major concern. They don't need to be subjected to the delay tactics employed by an insurance company to convince them to accept low settlement offers. Insurance companies exist to earn money. They do this by refusing or reducing your claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. It is essential to find an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. In order to save money, insurance companies will do whatever they can to delay or stall your claim. They will also try and 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 had a prior medical issue that is responsible for your crash. In some instances an insurance adjuster may arrive at an amount of settlement that appears reasonable. This is a common tactic that many people fall to. This offer is lower than the amount you must pay to cover your medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to be injured when driving a vehicle of another or in their vehicle. Some of the most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses a device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can result in 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 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 analyzing the crash to determine who might be responsible for your injuries and damages. They may also bring a lawsuit or claim against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists at risk. To convict a person of this crime an officer of the police force must prove more than negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. In some cases even a minor traffic infraction can be considered a form of reckless driving in New York. For example driving through the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and face fines or jail time. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your license, as well as hefty fines. This can cause a driver's insurance rates to rise significantly. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty depends on a variety of factors including the severity of an accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident lawyer with experience will know how investigate the cause of an accident and gather evidence to prove your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photos and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.