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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. Although the majority of them are simply collisions between cars, some may result in serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can assist victims with legal issues after the crash. 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 all drivers, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected the victims of car accidents from being weighed down by out-of-pocket costs. However, it is important to know what it means. In order to qualify to benefit from No-Fault insurance, you must meet certain requirements. First of all you must be injured in a motor vehicle accident that took place in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition, you must have suffered a “serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. All of these injuries are severe and can have a negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. After a serious auto accident A lawyer can help you in a number of ways. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills, lost wages, and other expenses after a serious auto accident. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if it seems like you are fine. If you are unable to return to work, no-fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance. Insurance companies frequently try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, because not attending could result in the denial of benefits retroactively. Pure faults that are comparable In many car accident cases the plaintiffs could be held to be fully or partially responsible for the incident. The law grants injured parties to recover damages in proportion to their share of fault. This is referred to as pure comparative negligence. 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 generally set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states that have strict comparative fault laws which means that injured parties may still pursue recovery even when they are at fault. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this situation it is essential to consult with a reputable lawyer. Comparative fault applies to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is a bit more complicated in wrongful death cases. The principle of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will work with insurance companies to ensure that you receive the most compensation for your injuries. Joint and multiple liability may also apply if there are multiple defendants. This is a method that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure you receive the most compensation for your injuries. Insurance company tactics Car accidents are stressful enough, and 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. They also have to think about how they will pay rent and other daily expenses. They don't need to be subjected to the stalling tactics used by an insurance company to try and get them to accept lower settlement offers. Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance companies will employ any method to stop you from receiving 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 experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their devious tactics. In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They may even argue that you suffer from a previous medical issue that is responsible for the crash. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a common trick that many people fall prey to. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to be injured while driving another's vehicle or in their vehicle. The most frequent causes of accidents include distracted driving, reckless driving and speeding. Distracted driving is when a driver is using devices to send or receive text messages, make phone calls or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine who could be responsible for your injuries and the damages. YouTube may also initiate a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict someone the police officer must prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or put others in danger. In some instances even a minor traffic violation could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and could face fines or jail time. Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this crime can lead to the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to go up substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is convicted in a fair manner. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and prison. The severity of the penalty is contingent on a number of factors, including the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license. An attorney for reckless driving with experience will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements and phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.