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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 fender benders, some can result in serious injuries. The injured parties should immediately call 911 and seek medical care. A New York car accident lawyer can help victims with their legal requirements following a crash. They can help them obtain compensation for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other related expenses. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket costs. However, it is important to know what it means. In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in an accredited hospital or provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the person's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in many ways after a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident. After a serious car accident, you may be facing massive medical expenses, lost wages and other costs. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a collision even if it seems as if you're in good shape. If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover the majority of your out-of-pocket expenses, including the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Pure comparative fault In a lot of car accident lawsuits plaintiffs are partly or totally accountable for the incident. Detroit injury lawsuits injured parties the right to be compensated based on their percentage of blame. This is called pure comparative negligence. Pure comparative fault is different from modified comparative fault which caps the amount of fault an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative-fault states usually place 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 crash that is, negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. Causation is the process by which the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses are emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured may still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this case, it is important to work with an experienced attorney. Comparative fault applies to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be slightly more complicated in wrongful death claims. It is crucial to grasp the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and multiple liability may also apply if there are multiple defendants. The system splits the verdict between all defendants if a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure you receive the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. Injured victims are often confronted with medical bills, loss of income due to inability to work or suffer physical pain. They also have to think about whether they can cover rent and other expenses of daily living. The last thing they want is to be sucked into 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 this by denial or reducing claims. Insurance agents will employ every tactic they can to prevent you from receiving the amount you are entitled to. This is why it is essential to work with a New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything they can to delay your claim or stall the process to save as much as possible. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash. In some instances, an insurance adjuster will determine an amount of settlement that appears reasonable. This is a typical trick that many people fall for. This offer is much lower than the amount you'll must pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in another person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving is when a driver is using a 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 crashes include drunk driving, road conditions and weather conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who could be responsible for your injuries and damage. They could also initiate a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that endangers the lives and safety of other motorists and people on foot or on bicycles. To find someone guilty the police officer must prove more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in serious accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and face penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Anyone who is found guilty of this offense will receive points added to their licenses and could face large fines. This can result in a driving's premiums rising significantly. It is important to hire an attorney in New York who will ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are very strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. 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. This evidence might include witness statements, cellphone records to look for distracted driving, images and videos of the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.