A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular occurrence in New York City. While the majority of them are collisions between cars, some may result in serious injuries. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can help victims with their legal issues following the crash. They can assist victims in obtaining compensation for medical expenses and lost income.
No-fault insurance
New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their own automobile 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 that you understand what it means.
To qualify for No-Fault Insurance you must satisfy a few criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated at a hospital or an authorized provider. You must have also suffered "a serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the person's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.
A lawyer can help you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They may also bring a lawsuit to court on your behalf against the driver who caused the accident.
You may have to pay astronomical medical bills along with lost wages, and other expenses after a serious auto accident. No-fault insurance can help with these costs as well, and you should seek treatment following an accident, even though you feel fine.
If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It can also cover the majority of the cost you incur out-of-pocket, including the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits.
Pure comparative fault
In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law grants injured parties to be compensated in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent.
In a car accident the plaintiff must prove two elements to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the way the negligence caused the injury. To demonstrate legal responsibility the plaintiff must show the economic losses caused by their injuries, for example, medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma and suffering and pain.
New York is among the 13 states with a pure comparative-fault law, which means that those who are injured may still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, they will be disqualified from claiming damages. In this situation, it's important to consult with a reputable attorney.
Comparative fault applies to any personal injury or wrongful death case in which the victim (or their heirs) have suffered mental or physical damages. However, the concept of comparative fault can be slightly more complicated in the case of wrongful death claims.
It is essential to comprehend the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will assist you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries.
Additionally, if you have several defendants in your case, the concept of joint and several liability could be applicable. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great way to ensure that you receive the most amount of compensation for your injuries.
Insurance Company Tactics
The aftermath of a car crash can be just as stressful. The victims of injuries typically must deal with medical bills as well as a loss of income as a result of being unable to work and suffer from emotional and physical pain. Rent and other daily expenses are also a problem. The last thing they want is to be subjected the stalling tactics of an insurance company that is trying to get them to accept a settlement offer that is low.
The truth is that the majority of insurance companies are in the business of making money, and they do this by denying or cutting claims. Insurance companies will employ any strategy to prevent you from obtaining the amount you deserve. This is why it's essential to work with a New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics.
Insurance companies will do all they can to delay your claim or stall the process to save as much as possible. They may also attempt to keep the blame off by claiming that the injuries aren't connected to the accident or that they do not require treatment. They might even claim that you have a prior medical issue that is responsible for the crash.
In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common tactic that a lot of people fall to. The offer is significantly less than the amount you'll must pay to cover medical expenses and other damage.
The law in New York requires all drivers to carry no-fault insurance. However, it is common for people to get injured when driving or riding in a person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses devices to send or receive text messages, makes phone calls, or listens to music while driving. Distracted You Tube can result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that might be accountable for your injuries and damages. They may also file 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 a vehicle in a manner that puts at risk the lives and safety of others on the road and people on foot or on bicycles. To find someone guilty, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger.
In certain instances even a minor traffic violation can be considered a form of reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time.
Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. If convicted of this offense will receive points added to their licenses and may be subject to hefty fines. This could result in driver's insurance premiums increasing substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted on a fair basis.
New York's reckless driving laws are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of variables, such as the severity of an accident, as well as aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.
An attorney for reckless driving with experience will be able to determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and cell phone records to check for distracted driving, images 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.