A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a common event in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should immediately contact 911 and seek medical care.
A New York car accident attorney can help victims with their legal issues after an accident. 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 drivers, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs but it is essential to understand exactly what it does and does not mean.
To qualify for No-Fault Insurance you must satisfy certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist struck by the vehicle. The injured person must be treated at an accredited hospital or provider. You must have also 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 can have a profoundly negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.
In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can provide you with legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. 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 expenses, lost wages and other expenses. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a car crash, even if it feels as if you're in good shape.
If you're unable to return to work, no-fault will cover 80 percent of your wages lost up to $2,000 per month. It can also cover the majority of your out-of-pocket costs which includes the cost of household help.
Insurance companies will often attempt to deny coverage under no-fault 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 retroactive denials of benefits.
Pure comparative fault
In a lot of car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law permits injured parties to seek damages based on the proportion of blame that can be given to them. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In youtube.com for the crash depends on showing two things such as negligence and causation. Negligence is the act of breaking a law or committing an act with unreasonable carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma, suffering and pain.
New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered are still able to seek compensation even when they are at the 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 essential to work with a knowledgeable lawyer.
Comparative fault is applicable to any personal injury or wrongful death situation in which the victim (or heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in wrongful death cases.
It is important to understand the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to ensure that you receive the most compensation for your injuries.
Joint and several liability could also apply if there are multiple defendants. This is a method that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
Tactics of the Insurance Company
The aftermath of a car accident can be equally stressful. Injured victims often have to deal with medical bills and a loss of income as a result of being incapable of working in addition to their emotional and physical pain. They also have to think about how they will pay rent and other expenses that are part of their daily lives. They don't need to be subjected to the strategies of stalling employed by an insurance company to convince them to take low settlement offers.
Insurance companies exist to earn money. They do this by refusing or reduce your claims. Insurance agents will use every tactic possible to deny you the money you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sneaky strategies.
In order to save money, insurance companies will do everything they can to delay or stop your claim. They will also try to avoid responsibility by claiming that your injuries are not caused by the crash or do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash.
In some instances an insurance adjuster might determine an amount of settlement that appears reasonable. This is a trick that a lot of people fall to. In reality, this offer will be much lower than what you actually need to pay for your medical treatment and other damages.
New York law requires that all drivers have no-fault insurance. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can lead to 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 driving accident lawyer can help you investigate the crash to identify all parties who may be liable for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover your damages.
The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of other drivers and people on foot or on bicycles. To convict someone of this crime, a police officer must prove more than negligence or recklessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger.
In some cases even a minor traffic violation can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light can result in serious accidents. If a driver is found driving recklessly, they may be convicted of misdemeanor charges and face penalties such as fines or jail time.
Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense can result in the addition of points to your license, as well as substantial fines. This could result in driving's premiums rising significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is held accountable fairly.
The laws governing reckless driving in New York are very strict and could lead to substantial penalties that include fines and jail time. The severity of the penalty depends on a number of 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.
A seasoned reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence that will show your innocence. This could include witness statements, phone records to look for distracted driving, photos and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.