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're minor accidents. The injured party should call 911 and seek medical attention right away.
A New York car accident attorney can assist victims with legal issues following a crash. They can assist victims in obtaining compensation for medical expenses as well as lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other costs related to accidents. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial that you understand what it means.
In order to qualify for the benefits of No-Fault insurance, you must 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 or passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by a licensed provider. Additionally you must have sustained a "serious injury."
New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these injuries are serious and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident.
In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the driver who caused the accident.
In the aftermath of a serious crash, you may be facing astronomical medical bills, lost wages and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a car crash, even if it feels like you are fine.
If you are unable to return to work, no-fault insurance will pay 80 percent of your wages lost up to $2,000 per month. It can also cover the majority of your out-of-pocket costs such as the cost of household help.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must attend these appointments, because failing to do so could result in a retroactive denial of benefits.
Purely comparative fault
In many car accident cases, the plaintiffs may be held to be fully or partially responsible for the incident. The law allows injured parties the right to recover damages according to their percentage of fault. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault an individual claimant is 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 a case involving a car accident the plaintiff's legal responsibility for the accident rests on demonstrating two things: negligence and causation. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, like medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma as well as pain and suffering.
New York is one of the 13 states with absolute comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly at the fault. If the claimant is found to be more than 50 percent responsible, they are unable to claim damages. In this case it is crucial to work with a knowledgeable lawyer.
Comparative fault applies to almost every 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 can be slightly more complicated in wrongful death cases.
The principle of comparative fault is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries.
In addition, if have multiple defendants in your case, the concept of joint and several liability could apply. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the highest compensation for your injuries.
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 due to being incapable of working and suffer from emotional and physical pain. They also have to worry about whether they can cover rent and other expenses of daily living. The last thing they need is to be subjected to the tactics of an insurance company who is trying to convince them to accept a low settlement offer.
The truth is that the majority of insurance companies are in the business of making money and do this by denying or reduction of claims. Insurance companies will employ every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies' sneaky strategies.
Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They may also attempt to avoid responsibility by claiming that your injuries are not related to the crash or do not require treatment. They may even claim that the crash was caused by an earlier medical condition.
In some instances an insurance adjuster may come up with a settlement amount that seems reasonable. This is a common trick that many people fall to. In reality, this offer will be much lower than the amount you will actually have 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 people to be injured when driving a vehicle of another or in their own vehicle. Some of the most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using a device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine all parties that might be responsible for your injuries and the damages. They may also initiate a lawsuit or claim against the driver in order to collect damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.
In certain instances, even a minor traffic offense can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light could cause a serious accident. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor and face a fine or jail time.
Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as substantial fines. This can cause a driver's insurance rates to go up substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner.
New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a variety of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence to demonstrate your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. You Tube will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.