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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. While the majority of them are collisions between cars, some may cause serious injuries. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal requirements following a crash. They can help victims obtain compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried by out-of-pocket costs, it is important to know exactly what it is and what it does not mean. To be eligible for No-Fault insurance, you must meet a few criteria. First and foremost, you must have been injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated in a hospital or an authorized provider. In addition you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and could have a negative impact on the victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. A lawyer can help you with the legal process in a variety of 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 initiate a court action on your behalf against the driver who caused the crash. There is a chance that you will have to pay astronomical medical costs as well as loss of wages, and other costs after a serious auto accident. These expenses are covered by no-fault insurance, and you should seek treatment immediately after a car accident even if it seems like you are fine. If you are unable to return work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It will also cover a lot of your out of pocket expenses, like the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Purely faults that are comparable In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the incident. The law gives injured parties to be compensated based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault that an individual claimant is deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent. In a car accident the plaintiff must prove two things in order to be legally responsible for the accident: negligence and causality. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly caused the injury. To prove legal responsibility the plaintiff must prove the economic damages caused by their injuries, for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to claim compensation even if they were partially at fault. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this case, it's important to consult with a reputable lawyer. Comparative fault is applicable to nearly every personal injury or death case where a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims. It is essential to comprehend the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will negotiate with the insurance companies to get you the most compensation for your injuries. Joint and several liability can be used in the event of several defendants. This is a method that divides the judgment between all defendants in the event that the jury determines that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest compensation possible for your injuries. Insurance Company Tactics Car accidents are stressful enough, but the aftermath can be even more challenging. The victims of injuries typically confront medical expenses and loss of income due to being in a position of no work, not to mention their emotional and physical pain. Rent and other costs of daily living are also a problem. They don't have to be subjected the delay tactics employed by insurance companies to get them to accept low settlement offers. The reality is that most insurance companies are in the business of making money, and they do this by denying or reduction of claims. Insurance companies will employ every method to deny you the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies and their shady tactics. In order to save money, insurance companies will do whatever they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that the injuries are not directly related to the crash or that they do not require treatment. They may even claim that your accident was the result of a prior medical condition. In certain cases an insurance adjuster might arrive at a settlement amount that seems reasonable. This is a common tactic that many people fall to. The offer is significantly less than the amount you need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not unusual for people to be injured while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving is when a driver is using an electronic device to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can result in 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 accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties who may be accountable for your injuries and losses. They can also make a claim or lawsuit against the driver to collect damages. The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If Bend injury attorney is caught driving recklessly, he or she could be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as hefty fines. This can result in a driver's premiums going up substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is held accountable fairly. The reckless driving laws in New York are very strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors like 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 reckless driving accident lawyer with experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.