A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular incident in New York City. While most of them are simply collisions between cars, some may cause serious injuries. The injured party should immediately contact 911 and seek medical attention.
A New York car accident lawyer can assist victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income.
No-fault Insurance
New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried by cost-out-of-pocket, it is important to know what it is and what it does not mean.
To be eligible for No-Fault insurance, you must meet some requirements. In the first place, you must be injured in a vehicle accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must have also suffered "a serious injury."
New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are severe and can have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve.
After a serious auto accident A lawyer can help you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the driver responsible for the crash.
In the aftermath of a serious crash you could be faced with massive medical expenses, lost wages and other costs. These costs can be covered by no fault insurance, and you should seek treatment immediately after a car accident even if it seems like you're fine.
If you're unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance.
Insurance companies frequently try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that the absence of this could result in denial of benefits retroactively.
Pure faults that are comparable
In a lot of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law allows injured parties to recover damages in proportion to the percentage of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. The causality is the way the negligence caused the injury. To establish legal liability the plaintiff must prove the economic damages caused by their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses include emotional trauma, pain and suffering.
New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured may still be able to seek compensation if they were partially at fault. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this instance it is essential to work with a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful death case in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative blame is more complicated in the case of wrongful death.
It is important to understand the principle of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and several liability could be used in the event of several defendants. This system divides the verdict between all defendants if the jury finds you jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be just as stressful. Injured victims often have to deal with medical bills and a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. Rent and other expenses are also a major concern. The last thing they want is to be subjected the tactics of an insurance company who is trying to convince them to accept a settlement offer that is low.
Insurance companies exist to earn money. They accomplish this by denial or cutting your claims. Insurance agents will use every method to deny you the compensation you are entitled to. This is why it is crucial to find an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly tactics.
Insurance companies will do all they can to delay your claim or slow the negotiations in order to save as much as possible. They will also try to avoid accountability by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They might even claim that the accident was caused by a previous medical condition.
In some cases an insurance adjuster might arrive at a settlement amount that seems reasonable. This is a common tactic that many people fall to. Mountain View injury lawyers is significantly less than the amount you have to pay to cover medical expenses and other damages.
New York law requires that every driver have no-fault insurance. It is not uncommon for people to suffer 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 occurs when a driver is using devices to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes are drunk driving, road conditions, and weather.
Reckless driving
You may 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 assist in analyzing the accident to determine who may 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 operating an automobile in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To convict someone the police officer must prove more than mere negligence or recklessness. The officer must prove 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. For instance driving through a red light or stop sign could cause a serious accident and injury. If a driver is found driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or jail time.
Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. Those who are convicted of this offense will receive points added to their license and could face hefty fines. This could cause driver's insurance rates to go up significantly. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted fairly.
The reckless driving laws in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty is contingent on a variety of variables including the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license.
A reckless driving accident attorney with experience can determine the cause of an accident and gather evidence to prove your innocence. This evidence might include witness statements and cellphone records to look for distracted driving, photographs and videos from the scene of the accident and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.