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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Although the majority of them are just fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after the crash. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. 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. To be eligible for No-Fault insurance, you must meet certain requirements. First and foremost you must have been injured in a car accident that occurred in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely serious injuries that can have a profoundly negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can help you with the legal process in numerous ways following a serious auto accident. Salt Lake City injury lawsuit can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver responsible for the crash. Following a serious car crash, you may be facing massive medical expenses, lost wages and other costs. No-fault insurance is able to cover these costs as well, and you should seek treatment following an accident, even though you feel fine. If you cannot return to work due to an injury, no fault insurance will cover up to $2,000 of lost wages per month. It will also cover a lot of your out-of-pocket costs, such as the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failing to attend could result in denial of benefits retroactively. Purely comparative fault In a lot of car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law allows injured parties to receive damages based on their percentage of the fault. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault, which caps the amount of fault that an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally accountable for the crash: negligence and causality. Negligence is the act of breaking the 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 also demonstrate the economic loss caused by their injuries, like medical bills, lost income, and travel costs to appointments. Non-economic losses are emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that injured parties can still seek compensation if they were partially responsible. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case it is crucial to consult with a seasoned attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims. The principle of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if have several defendants in your case, the concept of joint and several liability could apply. The system splits the verdict between all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, but the aftermath can be even more difficult. Victims of injuries often must deal with medical expenses and loss of income as a result of being incapable of working and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a major concern. They don't need to endure the strategies of stalling employed by an insurance company to convince them to accept low settlement offers. The reality is that most insurance companies are focused on making money and they do this by denying or reducing claims. Insurance representatives will use any tactic they can to prevent you from getting 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 of victims of car accidents. Our attorneys will fight insurance companies' sly strategies. In order to save money, insurance companies will do whatever they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries aren't directly related to the crash or do not require treatment. They may even claim that the accident was caused by a previous medical condition. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a common scam that a lot of 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. However, it is not uncommon for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather. 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 investigating the crash to determine the parties that might be accountable for your injuries and the damages. They can also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. To convict someone of this crime, a police officer must prove more than negligence or recklessness. This means that the police officer must prove that the driver was aware that 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. Driving through a stop sign or red light can result in serious accidents. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and face fines or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this type of offense can result in the addition of points to your license as well as substantial fines. This could lead to a driver's insurance premiums increasing significantly. It is essential to find an New York reckless driving accident attorney who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on several factors such as the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence to show your innocence. This evidence could include witness statements and phone records to determine whether the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.