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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are frequent. While the majority of them are just accidents that cause fender benders, a few can cause serious injuries. The injured party must immediately call 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues following the crash. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by cost-out-of-pocket but it is essential to know exactly what it means and does not mean. To be eligible for No-Fault insurance You must satisfy certain requirements. First of all you must have been injured in a car accident that occurred within the state of New York. You must also be a driver or passenger in the vehicle insured, or a cyclist or pedestrian who was struck by the vehicle. The person injured must be treated at a hospital or an authorized provider. You must have also suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely severe injuries, and can have a profoundly negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve. A lawyer can assist with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct an extensive investigation and engage with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident. In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other costs. These expenses can be covered by no fault insurance, and you should seek treatment immediately after a car accident, even if it feels as if you're in good shape. If This Webpage to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It also covers a large portion of your out-of-pocket expenses which includes the cost of household help. Insurance companies frequently try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Pure faults that are comparable In many car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties the right to be compensated in proportion to their share 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 found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the accident: negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. The cause of the accident is determined by the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that injured parties could still be able to claim compensation even if they are partially at fault. However, if the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this instance, it is important to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death instance where the victim (or their heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths. The principle of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and will work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. In addition, if have several defendants in your case, the concept of joint and multiple liability may apply. This is a system that divides the judgment between all the defendants if the jury decides that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Insurance Company Tactics Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, lost income due to inability to go to work and physical discomfort. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. They don't need to endure the strategies of stalling employed by an insurance company to get them to take low settlement offers. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance companies will employ any strategy to prevent you from getting the amount you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sneaky strategies. To save money, insurance companies will do whatever they can to delay or derail your claim. They also try to keep the blame off by claiming that the injuries are not connected to the accident or do not require treatment. They may even argue that you suffer from a previous medical condition that is to blame for your crash. In some instances an insurance adjuster may arrive at an amount of settlement that appears reasonable. This is a trick that many people fall prey to. In reality, this offer will be significantly lower 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 nevertheless common for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver uses devices to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who may be responsible for your injuries and damages. They may also initiate a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer must prove more than just negligence or carelessness. This means that the officer must show that the driver was aware of their actions were likely to cause an accident or put others in danger. In some cases even a minor traffic offense can be viewed as a form of reckless driving in New York. For example, running an intersection with a stop sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. Those who are convicted of this offense will have points added to their licenses and may be subject to large fines. This can result in a driving's premiums rising substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is held accountable fairly. New York's reckless driving laws are quite strict and can result in substantial penalties which include fines and even imprisonment. The severity of the punishment depends on several factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the causes of a crash and gather evidence to prove your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, images and videos from the scene of the crash as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.