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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 common. Some of these accidents can cause serious injuries, even if they are minor accidents. The injured party must immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with legal issues after the crash. They can help them obtain compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried due to 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 meet a few criteria. In the first place you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered an “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. These are all extremely severe injuries, and can have a profoundly negative impact on the person's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in numerous ways following a serious car accident. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident. Following a serious car crash you could be faced with massive medical expenses, lost wages and other costs. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if you feel like you are fine. If you're unable to return to work, no-fault will pay for 80% of your lost wages up to $2,000 per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that the absence of this could result in retroactive denials of benefits. Purely faults of a comparative nature In a majority of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law allows injured parties to recover damages based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be considered to be owed to prevent them from being eligible for 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 accountable for the accident: negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. You Tube of the accident is determined by the manner that the negligence led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as 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 seek compensation if they were partially responsible. However, if the person seeking compensation is found to be more than 50% at fault, they will be barred from recovering any damages. In this case, it is important to consult with a seasoned attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in the case of wrongful death. It is important to understand the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to secure the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and numerous liability could be applicable. This system splits the verdict between all defendants if a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be just as stressful. The victims of injuries typically confront medical expenses and loss of income from being unable to work in addition to their physical pain and emotional stress. They also have to worry about whether they can cover rent and other daily expenses. The last thing they need is to be sucked into the tactics of an insurance company trying to get them to accept a settlement offer that is low. The reality is that most insurance companies are in the business of making money and they do this by denying or reducing claims. Insurance companies will employ any tactic they can to prevent you from getting the compensation you deserve. This is why it's essential to work with an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sly tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much money as possible. They may also attempt to keep the blame off by claiming that your injuries aren't related to the accident or that they do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for your crash. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic scam that many people are enticed by. This offer is much lower than the amount you'll must pay to cover medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in another's vehicle. Some of the most common causes of accidents are distracted driving, reckless 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 could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine the parties that could be responsible for your injuries and the damages. They may also file a claim or lawsuit against the driver to recover your 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 just negligence or carelessness. This means that the police officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light can result in serious accidents. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Reckless driving may cause serious injuries to other 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 can cause a driver's insurance rates to go up significantly. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is convicted in a fair manner. The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty depends on a variety of factors, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident lawyer who has experience will be able to determine the cause of an accident and gather evidence to prove your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.