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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. While most of them are just collisions between cars, some may cause serious injuries. The injured party should immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal requirements following a crash. They can assist them in obtaining compensation 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 protected by their own auto insurance policies for medical, lost wages, and other incident-related expenses. This system has protected car accident victims against being burdened with out-of pocket expenses. However it is essential to understand what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The injured party must also be treated in an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined by 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 that can have a devastating 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 help you get the compensation you deserve. A lawyer can assist you with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also make a court-filed lawsuit on your behalf against the driver who caused the accident. You could be required to pay astronomical medical costs along with loss of wages, and other costs following a serious car accident. No-fault insurance can help with these costs and other expenses, so you should seek treatment after an accident, even if you feel well. If you cannot return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively. Pure comparative fault In many car accident lawsuits, the plaintiffs are partly or totally accountable for the crash. The law permits the injured party to claim damages according to the percentage of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent. In a car accident, the plaintiff must prove two things in order to be legally responsible for the accident that is, negligence and causality. Negligence refers to breaking the law or acting in reckless disregard. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to prove the economic damages that result from their injuries for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma as well as suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that injured parties can still seek recovery if they are partially at the fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this instance it is crucial to consult a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered mental or physical damages. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims. The concept of comparative blame is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if have several defendants in your case the concept of joint and multiple liability may apply. This is a system that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be more challenging. Injured victims often confront medical bills as well as a loss of income due to being incapable of working, not to mention their physical pain and emotional stress. They also have to worry about how they will pay rent and other daily expenses. They don't need to endure the strategies of stalling employed by insurance companies to convince them to accept lower settlement offers. Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will employ every strategy to prevent you from receiving the amount you deserve. It is crucial to employ an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned 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 stall your claim. They will also try and avoid responsibility by arguing that the injuries are not directly related to the crash or do not require treatment. They might even claim that your crash was caused by an earlier medical condition. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common trick that many people fall to. In reality, this offer is significantly less than the amount you will actually have to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to sustain injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties that could be liable for your injuries and losses. They can also make a claim or lawsuit against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists in danger. To convict Pembroke Pines injury lawsuits of this crime, a police officer must show more than just carelessness or negligence. This means that the officer must show that the driver knew their actions were likely to cause an accident or put others at risk. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light could cause an accident that is serious. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and face an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this type of offense can lead to the addition of points to your driver's license, as well as hefty fines. This can cause a driver's insurance rates to increase substantially. It's important to hire a New York reckless driving accident attorney to ensure that the driver is convicted fairly. The laws governing reckless driving in New York are very strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a variety of factors including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to prove your innocence. This evidence might include witness statements, phone records to look for distracted driving, photos and videos of the scene of the accident and official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.