A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are common. While the majority of them are accidents that cause fender benders, a few can cause serious injuries. The injured party should immediately call 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues after an accident. They can assist in obtaining compensation for their medical bills and lost wages.

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, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to out-of-pocket costs but it is essential to understand exactly what it means and does not mean.

To be eligible for No-Fault Insurance you must satisfy certain requirements. You must first and foremost be injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian struck by the vehicle. The injured party must also be treated at an accredited hospital or provider. In addition you must have sustained a "serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.

A lawyer can help you with the legal process in many ways after a serious car accident. They can explain your legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the driver responsible for the crash.

You may have to pay astronomical medical bills as well as lost wages, and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek medical attention immediately after a car accident even if it seems like you're fine.

If you are unable to return work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers a number of your out of pocket costs, such as the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must show up for these appointments, because failure to attend could result in the denial of benefits retroactively.

Pure comparative fault

In many car accident cases plaintiffs may be liable in part or full for the accident. The law allows injured parties to be compensated based on their percentage of fault. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.

In a car accident, the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. The causality is the manner in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses are emotional trauma as well as pain and suffering.

New York is one of the 13 states that have strict comparative fault laws which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is essential to consult a knowledgeable lawyer.

Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered physical or mental damages. However the concept of comparative fault is a bit more complicated in wrongful death cases.

It is important to understand the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will collaborate with the insurance companies to get you the maximum amount of compensation for your injuries.

Joint and several liability can also be a possibility if there are multiple defendants. This is a system that splits the judgment amongst all defendants if the jury determines that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the most compensation possible for your injuries.

Tactics of the Insurance Company

Car accidents are stressful enough, and the aftermath can be more difficult. The 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 worry about whether they can cover rent and other expenses of daily living. They don't have to endure the stalling tactics used by an insurance company to try and get them to accept low settlement offers.

Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance representatives will use any method to stop you from obtaining the compensation 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 have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies' sly strategies.

To save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They may even argue that you have a prior medical issue that is responsible for the crash.

In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a typical method that a lot of people fall for. In reality, this offer is significantly less 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 be injured while driving or riding in a person's vehicle. Some of the most common 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, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions.

Reckless driving

You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you examine the crash to determine the parties liable for your injuries and losses. They may also initiate a lawsuit or claim against the driver to recover damages.

According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or pedestrians and cyclists at risk. To find someone guilty, a policeman must show more than just negligence or recklessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger.

In certain instances even a minor traffic violation could be viewed as a type of reckless driving in New York. For example driving through the red light or stopping sign could lead to a serious accident and injury. If a driver is caught driving recklessly, he or she may be convicted of misdemeanors and be subject to fines or even jail time.

Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. Those who are convicted of this offense will have points added to their licenses and could face hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is held accountable in a fair manner.

New York's reckless driving laws are quite strict and can lead to substantial penalties which include fines and even imprisonment. The severity of the penalty is contingent on a number of factors, including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.

A reckless driving accident attorney who is experienced will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.