A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular occurrence in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical attention.
A New York car accident attorney can help victims with their legal issues after the crash. They can help victims obtain 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 covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by expenses out of pocket but it is essential to know exactly what it is and what it does not mean.
To be eligible for No-Fault insurance, you must meet a few criteria. In the first place you must have been injured in a vehicle accident that took place in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a licensed provider. You must also have suffered "a serious injury."
Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. All of these injuries are severe and can have a negative effect on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.
A lawyer can help you with the legal process in numerous ways following a serious car accident. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the crash.
After a serious car accident you could be faced with huge medical bills, lost wages and other expenses. No-fault insurance can pay for these and other expenses, so you should seek treatment after an accident, even though you feel okay.
If you cannot return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket which includes the cost of household help.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must be present at these appointments, as not attending could result in a retroactive denial of benefits.
Pure comparative fault
In many cases of car accidents the plaintiffs could be partially or fully responsible for the incident. The law allows injured parties the right to be compensated according to their percentage of blame. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the event of a car crash, the plaintiff must prove two things in order to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking the law or acting with unreasonable negligence. The cause of the accident is determined by the manner that the negligence led to 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. Non-economic losses are emotional trauma, pain and suffering.
New York is one of the 13 states with pure comparative fault laws, which means that injured parties are still able to seek compensation even in the event that they are partly at fault. If the claimant is found to be more than 50% at fault, then they are not able to claim damages. In this situation 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 heirs) have suffered mental or physical injuries. However, the concept of comparative fault is somewhat more complex in the case of wrongful death claims.
The principle of comparative fault is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum compensation for your injuries.
In addition, if you have multiple defendants in your case, the concept of joint and several liability may apply. This is a method that divides the judgment between all the defendants if the jury determines that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car crash can be as stressful. Injured victims often confront medical expenses and loss of income as a result of being incapable of working and suffer from physical pain and emotional distress. They also have to worry about whether they can cover rent and other expenses of daily living. They don't need to be subjected to the delay tactics employed by an insurance company to get them to accept lower settlement offers.
Insurance companies are in business to earn money. They do this by denying or reducing your claims. Insurance agents will employ every 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 lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious tactics.
To save money insurance companies will do anything they can to delay or stall your claim. They also try to avoid liability by arguing that the injuries are not directly related to the crash or do not require treatment. They could even argue that your accident was caused by an earlier medical condition.
In certain cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a trick that many people fall to. This offer is lower than the amount you need to pay in order to cover your medical expenses and other damages.
The law in New York requires all drivers to carry no-fault insurance. It is not unusual for people to suffer injuries while driving another's vehicle or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, make 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 include 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 help you in analyzing the accident to determine all parties that might be responsible for your injuries and damages. They can also file a claim or lawsuit against the driver to recover your damages.
The New York criminal code defines reckless driving as the practice of operating the vehicle in a way that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. To convict New York accident lawsuit has to prove more than mere negligence or carelessness. This means that the officer must show that the driver knew their actions could cause an accident or put others at risk.
In some cases even a minor traffic violation could be viewed as a type of reckless driving in New York. Running a stop sign or red light could result in serious accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and face penalties such as fines or jail time.
Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Those who are convicted of this crime will be subject to points added to their licenses and may be subject to large fines. This could lead to a driving's premiums rising significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of variables like the severity of an accident, as well as aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license.
An experienced reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence to prove your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, images and videos taken at the scene of the crash, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest amount of compensation for your injuries.