A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent event in New York City. Some of these accidents can cause serious injuries even if they're only minor collisions. The injured parties should immediately contact 911 and seek medical attention.
A New York car accident attorney can assist victims with their legal issues following a crash. 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 motorists passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. This system has protected car accident victims against having to pay out-of-pocket expenses. However, it is important that you understand what it means.
To qualify for No-Fault Insurance You must satisfy some requirements. First and foremost you must have been injured in a vehicle accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The injured person must be treated in an accredited hospital or provider. In addition you must have suffered a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.
A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.
Following a serious car crash you could face astronomical medical bills, lost wages, and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if you feel like you are fine.
If you are unable return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, including the cost of household assistance.
Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits.
Purely faults that are comparable
In many car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law allows injured parties to recover damages based on the percentage of the blame that is given to them. This is known as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a claimant could be considered to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically 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 accident that is, negligence and causality. Negligence is the violation of a law, or acting with unreasonable negligence. Causation refers to the way in which the negligence directly caused the injury. To demonstrate legal responsibility the plaintiff has to prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Other non-economic losses include emotional trauma as well as pain and suffering.
New York is among the 13 states that have a strict comparative-fault law, which means that the injured party could still be able to seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this case it is crucial to work with an experienced attorney.
Comparative fault applies to any personal injury or wrongful death case in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in cases of wrongful deaths.
It is crucial to grasp the principle of comparative negligence when submitting an insurance claim following an accident in New York. YouTube will negotiate with insurance companies to secure the most compensation for your injuries.
Joint and several liability can also be a possibility if there are several defendants. This is a system that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is a great method to ensure you receive the most compensation for your injuries.
Tactics of the Insurance Company
Car accidents are stressful enough, but the aftermath can be more challenging. 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 expenses are also a major concern. The last thing they want is to be subjected the stalling tactics of an insurance company trying to get them to accept a low settlement offer.
The reality is that most insurance companies are in the business of making money and do this by denying or cutting claims. Insurance companies will employ any tactic they can to prevent you from receiving the amount you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their shady tactics.
Insurance companies will do everything they can to delay your claim or slow negotiations to save as much as possible. They will also try to evade responsibilities by arguing that your injuries aren't related to the crash or they do not require treatment. They could even argue that your accident was caused by an earlier medical condition.
In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you'll have to pay to cover your medical expenses and other damage.
New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to be injured when driving a vehicle of another or in their vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving, road conditions and weather.
Reckless driving
You could be entitled to compensation when you've been injured in an accident caused by reckless driving. 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 the damages. They can also bring a lawsuit or claim against the driver to recover your damages.
According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone of this crime, a police officer must show more than just negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger.
In certain instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For example, running a red light or stop sign could result in an accident that is serious and cause injury. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor and could face an indictment or a fine.
Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and could be subject to hefty fines. This can cause a driver's insurance rates to increase substantially. It's important to hire a New York reckless driving accident attorney to ensure that the driver is convicted fairly.
The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and prison. The severity of the punishment depends on several factors, including the severity of the accident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
An attorney for reckless driving with experience will be able to determine the causes of an accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.