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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 frequent. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention immediately. A New York car accident attorney can assist victims with their legal issues after an accident. They can assist in obtaining 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 personal automobile insurance policies for medical, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by out-of-pocket costs but it is essential to understand exactly what it does and does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. In the first place you must have been injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated at a hospital or an authorized 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 permanent and substantial loss of function, permanent disfigurement, or death. All of these are serious and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due. After a serious auto accident A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They can also make a court-filed lawsuit on behalf of you against the negligent driver responsible for the crash. After a serious car accident, you may be facing astronomical medical expenses, lost wages and other expenses. These expenses are covered by no-fault insurance, and you should seek medical attention immediately after a car accident even if it seems as if you're in good shape. If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover the majority of your out-of-pocket expenses such as the cost of household assistance. Insurance companies often try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failing to attend could result in denial of benefits retroactively. www.youtube.com In many car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law gives injured parties the right to be compensated in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically have a range of 49 and 51 percent. In a car accident the plaintiff must prove two elements 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 prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative fault law, which means that the injured party may still be able to seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this situation it is crucial to consult with a reputable attorney. Comparative fault can be applied to almost every personal injury or death case where a victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in cases of wrongful deaths. It is crucial to grasp the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will assist you determine the severity of your own responsibility for the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and several liability could apply. This system splits the verdict among all defendants when a jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries. Insurance Company Tactics The aftermath of a car accident can be equally stressful. The injured victims are often confronted with medical bills, lost income due to not being able to go to work and physical pain. They also have to worry about whether they can cover rent and other expenses of daily living. The last thing they need is to be sucked into the tactics of an insurance company who is trying to get them accept a settlement offer that is low. Insurance companies exist to earn money. They do this by refusing or cutting your claims. Insurance representatives will use any tactic they can to prevent you from obtaining the compensation you deserve. This is why it's essential to work with a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly tactics. Insurance companies will do all they can to delay your claim or stall negotiations to save as much money as possible. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even claim that the crash was caused by an earlier medical condition. In certain cases the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, the price is significantly less than what you really need to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to get injured while driving or riding in a person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver is using a device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions and weather. 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 assist in analyzing the crash to determine the parties that may be accountable for your injuries and damages. They could also make a claim or lawsuit against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists at risk. In order to convict someone of this crime, a police officer must demonstrate more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example driving through the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time. Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their licenses and could face massive fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is found guilty on a fair basis. The laws regarding reckless driving in New York are extremely strict and could result in severe penalties, including fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A reckless driving accident attorney who is experienced can determine the cause of an accident and gather evidence to demonstrate your innocence. This evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.