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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal issues following an accident. They can assist them in obtaining compensation for medical expenses and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried by cost-out-of-pocket, it is important to know what it does and does not mean. To be eligible to benefit from No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist who was struck by the vehicle. The injured person must be treated at an accredited hospital or provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely severe injuries, and can have a devastating negative impact on the person's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. After a serious auto accident A lawyer can help you in a variety of ways. 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 your behalf against the driver who caused the accident. In the aftermath of a serious crash you could be faced with massive medical expenses, lost wages and other expenses. These costs can be covered by no-fault insurance, and you should seek medical attention immediately after a car accident, even if it feels like you are fine. If you are unable to return work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. The requirement to attend is that failure to do so may 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 in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a car accident the plaintiff must prove two things in order to be legally responsible for the accident the other being negligence and causality. Negligence is the act of breaking the law or acting with reckless carelessness. The causality is the way the negligence caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses are 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 claim compensation even if they were partially at fault. If the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this situation it is crucial to consult with a seasoned attorney. Comparative fault is applicable to any personal injury or wrongful death case in which the victim (or their heirs) have suffered physical or mental damages. However, the concept of comparative fault can be somewhat more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and several liability could apply. This is a method that divides the judgment between all defendants in the event that the jury finds that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be equally stressful. The injured victims are often faced with medical bills, loss of income due to being unable to go to work and physical pain. Rent and other costs of daily living are also a problem. They don't need to endure the delay tactics employed by an insurance company to convince them to accept low settlement offers. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance companies will employ any tactic they can to prevent you from obtaining the compensation you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' sly tactics. In order to save money insurance companies will do anything they can to delay or derail your claim. They may also attempt to avoid liability by arguing that the injuries are not directly related to the crash or that they do not require treatment. They might even claim that you had a prior medical condition that is the reason for your crash. In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic scam that a lot of people are enticed by. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in a person's vehicle. Distracted driving, YouTube and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify all parties who may be liable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as operating the vehicle in a way that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the officer must prove that the driver was aware of 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. For instance driving through an intersection with a stop sign could cause serious injuries and accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanors and be subject to fines or jail time. Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as substantial fines. This could cause drivers' insurance rates to rise substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of the penalty is contingent on several factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A reckless driving accident attorney who has experience can determine the root of the accident and gather evidence to show your innocence. This evidence might include witness statements and phone records to look for distracted driving, photographs and videos of the scene of the crash and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.