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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Although the majority of them are collisions between cars, some may cause serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal requirements after the crash. They can help victims obtain compensation for medical bills and lost income. 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 automatically by their automobile insurance policies. This includes medical costs, lost wages and other costs related to accidents. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is essential to understand what it means. To qualify for No-Fault Insurance you must satisfy a few criteria. 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 vehicle insured, or a cyclist or pedestrian struck by the vehicle. The person injured must be treated in an accredited hospital or provider. You must be able to prove that you 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. All of these injuries are severe and could have a negative impact on the life of a victim. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash. There is a chance that you will have to pay astronomical medical costs as well as lost wages, and other expenses after a serious auto accident. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even though you feel well. If you cannot return to work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket expenses such as the cost of household help. Insurance companies will often attempt to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). The requirement to attend is that failing to attend could result in retroactive denials of benefits. Purely faults of a comparative nature In many cases of car accidents, the plaintiffs may be liable in part or full for the accident. The law grants injured parties to be compensated based on their percentage of the fault. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things 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 that the negligence led to the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss caused by their injuries, such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered are still able to seek compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this case, it's important to consult with a reputable lawyer. Comparative fault applies to almost any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be a bit more complicated in wrongful death claims. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries. In addition, if have several defendants in your case the concept of joint and numerous liability may apply. This system splits the verdict among all defendants when the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be as stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical pain. Rent and other costs of daily living are also a major concern. The last thing they need is to be subjected to the tactics of a stalling insurance company that is trying to convince them to accept a low settlement offer. The fact is, most insurance companies are in the business of making money and they do this by denial or reducing claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. YouTube is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies' sly strategies. In order to save money insurance companies will do everything they can to delay or stop your claim. They also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They could even argue that the accident was the result of a prior medical condition. In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a classic trick that a lot of people are enticed by. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving, and speeding are among the most frequent 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 driving. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine who could be accountable for your injuries and damage. They can also file a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as operating the vehicle in a way that puts at risk the lives and safety of other drivers and pedestrians on bicycles. To convict someone of this crime the police officer must prove more than negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and face fines or even jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your license and hefty fines. This could cause driver's insurance rates to rise significantly. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. The laws governing reckless driving in New York are very strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. An attorney for reckless driving who is experienced will be able to determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.