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 are just minor collisions. The injured party must immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal requirements following an accident. You Tube can assist in obtaining the compensation they need for medical expenses and lost wages.
No-fault Insurance
New York is a no-fault insurance state, which means that drivers passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by cost-out-of-pocket but it is essential to understand exactly what it is and what it does not mean.
In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain requirements. First of all, you must be injured in a vehicle accident that took place in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The injured party also must be treated in a hospital or by an authorized medical professional. Additionally, you must have suffered an "serious injury."
Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these are serious and can have a negative effect on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you're due.
Following a serious car accident A lawyer can help you in a number of ways. They can provide you with legal options, conduct an in-depth investigation, and engage with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the crash.
After a serious car accident, you may be facing astronomical medical bills, lost wages and other costs. No-fault insurance can cover these costs as well, and you should seek out treatment after an accident, even though you feel okay.
If you cannot return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover many of your out-of-pocket costs, including the cost of household assistance.
Insurance companies often try to deny your no-fault coverage by arranging 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 majority of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law grants injured parties to be compensated based on their percentage of the fault. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.
In the case of a car crash the plaintiff's legal liability for the accident is contingent upon showing two things: negligence and causation. Negligence refers to breaking a law or acting in reckless disregard. Causation refers to how the negligence directly led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering.
New York is one of the states that have pure comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this case it is crucial to work with an experienced attorney.
Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault is somewhat more complex in wrongful death cases.
It is important to understand the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will negotiate with insurance companies to secure the most compensation for your injuries.
Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict among all defendants in the event that the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car accident can be as stressful. The victims of injuries typically must deal with medical bills as well as a loss of income from being incapable of working and suffer from physical pain and emotional stress. Rent and other expenses are also a major concern. The last thing they want is to be sucked into the stalling tactics of an insurance company trying to convince them to accept a settlement offer that is low.
The fact is, most insurance companies are focused on making money and they do this by denial or reducing claims. Insurance companies will employ any tactic they can to prevent you from getting the amount you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics.
To save money insurance companies will do whatever they can to delay or stop your claim. They also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or do not require treatment. They could even argue that the crash was the result of a prior medical condition.
In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a trick that many people fall to. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages.
New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or in their vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using devices while driving to send or receive text messages, make 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 may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties who may be responsible for your injuries and losses. They may also file a claim or lawsuit against the driver to recover your damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists at risk. In order to convict someone of this crime, a police officer must prove more than negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger.
Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time.
Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could be subject to large fines. This could cause drivers' insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.
The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors, such as the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.
An experienced reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence that will prove your innocence. This could include witness statements and phone records to look for distracted driving, photos and videos taken at the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.