Under New York's no-fault system, auto insurance policies are required to include no-fault components to ensure that a base of medical coverage and lost wages compensation are always available to those who are in an accident that is ruled no-fault.
Just about everyone has felt the urge to text or talk on their phone while driving. In fact, there are many people who act upon this urge on a regular basis. While most people are aware of the dangers of distracted driving, most don't truly understand the extent of this danger. Here is some information about the many perils of distracted driving.
Under New York law, a defendant in a car crash case can introduce evidence that the plaintiff was not wearing a seat belt to prove contributory negligence. Under the "seat belt defense" the defendant tries to convince the jury only to award damages for the injuries the plaintiff would have sustained if a seat belt had been worn. If you've been in a car accident and were not wearing a seat belt, this defense can substantially reduce the amount you can recover for your injuries.
When you are hurt in a traffic accident in which another driver is negligent, you hope to get full compensation for your injuries. However, the law allows the negligent driver to point the finger at you for any wrong actions on your part.
New York is one of 13 states that have a pure comparative negligence law. For the purposes of a car accident, this means that if a negligent driver hit you, you can recover compensation for your injuries, even if you were partially responsible. The percentage of fault a party must bear is question of fact for the jury, or the judge in a bench trail. The amount you recover gets reduced in proportion to your share of the blame. Here's a simple example:
You obeyed the NY state insurance laws and purchased the right amount of no-fault insurance coverage for your vehicle. Since you understand the state established no-fault insurance requirements to facilitate claims regardless of who has fault for an accident, you naturally assume your carrier is on your side and will treat your claim fairly. Unfortunately, you need to think twice before signing that insurance settlement offer -a review by experienced New York accident lawyers may reveal a disparity between what they offer and what you need.
Totaling your vehicle can be devastating enough. But when you still owe money on a loan balance, the situation gets even worse. In many cases, the settlement offer from your insurance company may not cover the entire balance of the loan. Car accident attorneys in Brooklyn can suggest a few different remedies to help resolve the situation.
The New York State Department of Financial Services has proposed several new regulations to the no-fault law including a provision that will, in some circumstances, excuse an insurer's
immaterial failure to comply with a prescribed time frame. Although on its face these changes may appear benign, regulations such as these threaten to undermine the fundamental goal of the no-fault system: prompt reimbursement of medical expenses for victims injured in a car accident.
As a no-fault attorney and a baseball fan I was very intrigued by a recent ESPN article. Barry Zito, a pitcher for the San Francisco Giants, was involved in a car accident in which he was not at fault. After the accident Mr. Zito stated that he felt pretty good but had some soreness. What really caught my attention was that he was scheduled to undergo an MRI less than 24 hours after the accident "to be checked out if he had injuries or not."