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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a frequent incident in New York City. While the majority of them are simply fender benders, some can result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately.
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 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 expenses, lost wages, and other incident-related expenses. While this system has helped protect car accident victims from being buried due to cost-out-of-pocket, it is important to understand exactly what it is and what it does not mean.
In order to qualify for the benefits of No-Fault insurance, you must meet certain requirements. First and foremost you must be injured in a car accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party must also be treated in an accredited hospital or provider. In addition you must 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 serious and can have a negative effect on the life of a victim. If you’ve been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you’re due.
After a serious auto accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident.
You could be required to pay for astronomical medical expenses along with lost wages, and other expenses following a serious accident. No-fault insurance can help with these costs, and you should always seek treatment following an accident, even though you feel fine.
If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover a lot of your out of pocket expenses, like the cost of household assistance.
Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.
Pure comparative fault
In a lot of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to seek damages according to the proportion of blame that can be given to them. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which limits the amount that a claimant may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 and 51 percent.
In a car accident the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking an act of 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 caused by their injuries, for example, medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma, pain and suffering.
New York is one of the 13 states that have strict comparative fault laws which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this instance it is crucial to consult a knowledgeable lawyer.
Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complicated in cases of wrongful deaths.
It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.
Joint and several liability could also be a possibility if there are several defendants. 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 accident. This is a great method to ensure that you receive the most compensation possible for your injuries.
Strategies of insurance companies
The aftermath of a car crash can be equally stressful. Victims of injuries are often faced with medical bills, lost income due to not being able to go to work and physical pain. They also have to worry about how they will pay rent and other expenses of daily living. The last thing they want is to be sucked into the tactics of an insurance company who is trying to get them accept a low settlement offer.
Insurance companies are in business to make money. They do this by denying or reduce your claims. Insurance agents will use every trick to deny you the money you are entitled to. This is why it’s crucial to find an New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies and their shady tactics.
To save You Tube will do whatever they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries are not related to the crash or they do not require treatment. They may even argue that you have a prior medical condition that is to blame for your crash.
In certain cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a classic scam that a lot of people are enticed by. The offer is significantly less than the amount you’ll must pay to cover medical expenses and other damages.
New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured when driving or riding in another person’s vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving occurs when a driver is using devices while driving to send or receive 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 crashes include drunk driving, road conditions, and weather conditions.
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 the parties accountable for your injuries and losses. They may also file a claim or lawsuit against the driver to recover damages.
The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime the police officer must demonstrate more than mere carelessness or negligence. The officer must show that the driver was aware that their actions could result in an accident or put others in danger.
In some 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 result in a serious accident. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time.
Incorrect driving can cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your driver’s license, and hefty fines. This could result in driver’s premiums going up significantly. It’s important to hire a New York reckless driving accident attorney to ensure that the driver is held accountable in a fair manner.
The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of a penalty depends on a number of factors, such as the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver’s license.
A seasoned reckless accident lawyer will know how to investigate the causes of a crash and gather evidence to demonstrate your innocence. The evidence could include witness statements and cell phone records to check for distracted driving, photos and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.