A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries, even if they are minor accidents. The injured party should call 911 and seek medical attention as soon as possible.
A New York car accident attorney can assist victims with legal issues after an accident. They can help victims get compensation for medical bills and lost income.
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 expenses, lost wages, and other related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket but it is essential to know what it does and does not mean.
To be Continuing to benefit from No-Fault insurance, it is necessary to meet certain requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist who was struck by the vehicle. The injured party must also be treated in a hospital or an authorized provider. You must have also suffered "a serious injury."
Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these injuries are serious and can have a negative effect on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.
A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.
There is a chance that you will have to pay astronomical medical costs along with loss of wages, and other costs following a serious accident. These expenses are covered by no fault insurance, and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape.
If you're unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. Attendance is mandatory, as failure to do so may result in denial of benefits retroactively.
Pure faults that are comparable
In many car accident cases the plaintiffs could be partially or fully responsible for the incident. The law grants injured parties the right to recover damages according to their percentage of blame. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault that an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the crash that is, negligence and causality. Negligence is the act of breaking a law or acting with unreasonable carelessness. The causality is the way the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income and travel expenses to appointments. Other non-economic losses include emotional trauma and pain and suffering.
New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50% at the fault, they will be exempt from any claim for damages. In this instance, it's important to consult with a reputable attorney.
Comparative fault can be applied to almost every personal injury or wrongful death case where the victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complicated in the case of wrongful death.
It is essential to comprehend the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.
Joint and several liability could be used in the event of several defendants. This is a method that splits the judgment amongst all defendants if the jury decides that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries.
Insurance company tactics
The aftermath of a car crash can be as stressful. Injured victims are often faced with medical bills, lost income due to not being able to go to work and physical discomfort. Rent and other costs of daily living are also a major concern. The last thing they need is to be sucked into the tactics of an insurance company that is trying to get them accept a low settlement offer.
The reality is that most insurance companies are in the business of making money and they do this by denying or reducing claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to even 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 take on insurance companies and their shady tactics.
Insurance companies will do everything they can to delay your claim or stop the negotiations in order to save as much money as possible. They may also attempt to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They could even argue that your accident was caused by a previous medical condition.
In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a classic trick that a lot of people fall for. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.
Reckless driving
You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine who might be accountable for your injuries and damage. They can also initiate a lawsuit or claim against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating an automobile in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others at risk.
In some instances even a minor traffic offense can be viewed as a form of reckless driving in New York. For instance driving at a red light or stop sign could lead to serious injuries and accidents. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor crime and be subject to either a fine or jail sentence.
Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. If convicted of this offense will receive points added to their license and could face large fines. This could lead to a driving's premiums rising significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.
The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of a penalty is contingent on a variety of variables including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence.
A seasoned reckless 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, phone records to look for distracted driving, images and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.