A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries, even if they are just minor collisions. Injured parties should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal requirements following an accident. They can help victims get compensation for medical expenses and lost income.
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 expenses, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by out-of-pocket costs, it is important to know what it means and does not mean.
To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in a car accident that took place in the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The injured person must be treated in an accredited hospital or provider. In addition you must have suffered a "serious injury."
Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. All of these 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 help you get the compensation you're due.
In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can explain your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They may also make a court-filed lawsuit on behalf of you against the driver who caused the accident.
After a serious car accident you could face astronomical medical bills, lost wages, and other expenses. No-fault insurance will pay for these as well, and you should seek treatment following an accident, even though you feel well.
If you are unable to return work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers the majority of your out-of-pocket costs such as the cost of household help.
Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because failure to attend could result in an appeal to the benefits.
Pure comparative fault
In a lot of car accident cases the plaintiffs could be liable in part or full for the incident. The law permits the injured party to claim damages based on the percentage of blame that can be attributable to them. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount that a claimant may be deemed to have to prevent them from receiving financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent.
In a car accident case, the plaintiff's legal responsibility for the crash depends on proving two things: 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 demonstrate legal responsibility the plaintiff has to demonstrate the economic loss resulted from their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the 13 states with pure comparative fault laws, which means that injured parties may still pursue recovery even in the event that they are partly at fault. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this case, it's important to work with a knowledgeable lawyer.
Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complicated in wrongful death cases.
The concept of comparative blame is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
Additionally, if you have several defendants in your case the concept of joint and several liability may apply. This system divides the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the highest compensation possible for your injuries.
Insurance Company Tactics
Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, lost income due to inability to work, and physical pain. They also have to worry about whether they can cover rent and other daily expenses. They don't have to be subjected the stalling tactics used by an insurance company to get them to accept lower settlement offers.
The truth is that the majority of insurance companies are in the business of making money, and they do this by denial or reduction of claims. Insurance agents will use every trick to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious strategies.
To save money insurance companies will do whatever they can to delay or stop your claim. They also try to avoid liability by arguing that the injuries are not related to the accident or do not require treatment. They may even argue that you had a prior medical condition that is the reason for the crash.
In certain cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common trick that many people fall prey to. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damage.
YouTube in New York requires all drivers to carry no-fault insurance. However, it is not uncommon for people to become injured when 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 occurs when a driver is using a device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result 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 crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine all parties that might be accountable for your injuries and damages. They can also make a claim or a lawsuit against the driver to recover 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 drivers and pedestrians on bicycles. To convict someone of this crime, a police officer must prove more than carelessness or negligence. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger.
In certain instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For example driving through the red light or stopping sign could lead to an accident that is serious and cause 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.
Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. If convicted of this offense will receive points added to their license and could face massive fines. This could cause drivers' insurance rates to go up 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 laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of the penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos from 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 compensation for your injuries.