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. Certain accidents could cause serious injuries even if they're just minor collisions. The injured party must immediately call 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal issues after an accident. 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 drivers passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs but it is essential to know what it does and does not mean.
To be eligible for No-Fault Insurance, you must meet a few criteria. You must first and foremost have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated at a hospital or an authorized provider. Additionally, you must have 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 devastating negative impact on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also make a court-filed lawsuit on behalf of you against the negligent driver responsible for the crash.
After a serious car accident you could be faced with massive medical expenses, lost wages and other costs. No-fault insurance is able to pay for these and other expenses, so you should seek treatment after an accident, even if you feel fine.
If you are unable return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must attend these appointments, since failing to do so could result in a retroactive denial of benefits.
Purely comparative fault
In a lot of car accident cases the plaintiffs could be partially or fully responsible for the incident. The law permits injured parties to seek damages according to the proportion of the blame that is attributable to them. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault which caps the amount of fault the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.
In the case of a car crash the plaintiff's legal responsibility for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. The causality is the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses include 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 could still be able to seek compensation if they were partially responsible. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this case it is essential to consult with a seasoned attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complicated in wrongful death cases.
It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum amount of compensation for your injuries.
Joint and multiple liability may also apply if there are multiple defendants. This system splits the verdict between all defendants when a jury finds you jointly and severally responsible 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
The aftermath of a car accident can be just as stressful. The injured victims are often faced with medical bills, lost income due to inability to go to work and physical discomfort. Rent and other daily expenses are also a major concern. The last thing they want is to be subjected to the tactics of a stalling insurance company who is trying to get them to accept a low settlement offer.
Insurance companies exist to earn money. They accomplish this by denial or cutting your claims. Insurance companies will employ every tactic possible to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to even the playing field. YouTube at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly tactics.
Insurance companies will do everything in their power to delay your claim or slow the process to save as much as possible. They may also attempt to avoid liability by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that the crash was the result of a prior medical condition.
In some instances, an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a typical trick that many people are enticed by. The offer is significantly less than the amount you have to pay to cover medical expenses and other damage.
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. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.
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 driving accident lawyer can help you investigate the crash to identify all parties who may be accountable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To convict someone the police officer has to prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor crime and face a fine or jail time.
Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. Those who are convicted of this offense will receive points added to their licenses and could be subject to hefty fines. This could result in driver's insurance premiums increasing significantly. It is essential to find a New York reckless driving accident attorney to ensure that the driver is found guilty fairly.
The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors including the severity of the accident and if there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, photos and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.