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

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

A New York car accident lawyer can assist victims with their legal needs after a crash. They can assist in obtaining 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 protected by their own auto insurance policies for medical, lost wages, and other related expenses. This system has protected the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential to understand what it means.

In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated in a hospital or by a certified medical professional. You must also have suffered "a serious injury."

Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.

After a serious auto accident An attorney can assist you in a number of ways. They can provide you with legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They can also initiate a court action on your behalf against the person who caused the crash.

After a serious car accident you could face massive medical expenses, lost wages and other expenses. No-fault insurance can pay for these, and you should always seek treatment after an accident, even if you feel okay.

If you are unable to return to work, no fault will pay 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket costs, such as the cost of household assistance.

Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failure to do so may result in denial of benefits retroactively.

Purely faults that are comparable

In a lot of car accident cases, the plaintiffs may be liable in part or full for the accident. The law gives injured parties the right to be compensated based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant could be found to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent.

In a car accident the plaintiff must prove two things in order to be legally accountable for the crash the other being negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To demonstrate legal responsibility, the plaintiff must also prove the economic damages that result from their injuries like medical bills, lost income and travel expenses to appointments. Other non-economic losses include emotional trauma, suffering and pain.

New York is one of the states that have absolute comparative fault laws, which means that the injured party are still able to seek compensation 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 situation it is essential to work with an experienced attorney.

Comparative fault applies to almost every personal injury or death case in which a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in wrongful death cases.

The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the maximum compensation for your injuries.

In addition, if have several defendants in your case the concept of joint and multiple liability could be applicable. This is a method that divides the judgment between all defendants if the jury finds that you are jointly and severally liable for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries.

Insurance Company Tactics

Car accidents can be stressful enough, but the aftermath can be more challenging. The injured victims are often faced with medical bills, loss of income due to not being able to work, and physical pain. Rent and other expenses are also a concern. They don't have to endure the strategies of stalling employed by insurance companies to convince them to accept lower settlement offers.

The truth is that the majority of insurance companies are focused on making money and they do this by denial or cutting claims. Insurance companies will employ any tactic they can to prevent you from obtaining the amount you deserve. This is why it is so important to hire a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will stand up to insurance companies and their shady tactics.

To save money insurance companies will do whatever they can to delay or stall your claim. Largo injury attorneys 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 might even claim that your crash was caused by a previous medical condition.

In some instances, the insurance adjuster will offer a settlement that seems reasonable. This is a typical scam that many people are enticed by. In reality, this offer will be much lower than the amount you will actually have to pay for medical treatment and other damages.

The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include 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 driver accident lawyer can help you in analyzing the crash to determine who might be responsible for your injuries and damage. They may also file a claim or lawsuit against the driver to recover damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer must prove more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger.

In certain instances even a minor traffic violation can be considered a form of reckless driving in New York. For example driving at an intersection with a stop sign could cause a serious accident and injury. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and face either a fine or jail sentence.

Unsuspecting driving can cause serious injuries to pedestrians, drivers, and bicyclists. If convicted of this crime will be subject to points added to their license and could be subject to massive fines. This can result in a driving's premiums rising significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.

The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of a penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.

A reckless driving accident lawyer who has experience will be able to determine the root of the accident and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.