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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. You Tube could cause serious injuries, even if they are just minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal requirements following a crash. They can help victims get compensation for medical expenses and lost income. No-fault insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has protected those who have been injured in car accidents from being burdened with out-of pocket expenses. However, it is important that you understand what it means. To be eligible for No-Fault insurance You must satisfy certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party must also be treated at a hospital or an authorized provider. You must have also 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 injuries are serious and could have a negative impact on a victim's life. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash An attorney can assist you in a variety 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 file a court case on your behalf against the person who caused the accident. You may have to pay for astronomical medical expenses along with lost wages and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if it seems like you are fine. If you're unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance. Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since not attending could result in a retroactive denial of benefits. Purely comparative fault In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law gives injured parties to recover damages according to their percentage of fault. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally responsible for the accident: negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability plaintiffs must also demonstrate economic losses, such as medical expenses, lost income and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states that have a strict comparative-fault law. This means that the injured party can still seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this case it is essential to work with a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful death case where the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault is somewhat more complex in wrongful death cases. The principle of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if have several defendants in your case the concept of joint and several liability could apply. This system splits the verdict among all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be more difficult. The injured victims are often confronted with medical bills, loss of income due to inability to work or suffer physical discomfort. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. They don't have to be subjected to the delay tactics employed by an insurance company to get them to accept low settlement offers. The fact is, most insurance companies are in the business of making money and do this by denying or reduction of claims. Insurance agents will employ every tactic they can to prevent you from receiving the compensation you deserve. It is important to hire 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 the victims of car accidents. Our lawyers will fight insurance companies' sly tactics. In order to save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid liability by arguing that the injuries are not related to the accident or that they do not require treatment. They may even argue that you had a prior medical condition that is to blame for your crash. In certain cases, an insurance adjuster will determine an amount for settlement that seems reasonable. This is a common trick that a lot of people fall for. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. It is not unusual for people to sustain injuries while driving another person's car or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving is when a driver uses devices to send or receive text messages, make phone calls, or listens to music while driving. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help examine the crash to determine the parties liable for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime an officer of the police force must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. In some instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For instance driving through the red light or stopping sign could cause an accident that is serious and cause injury. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to either a fine or jail sentence. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. Anyone who is found guilty of this offense will have points added to their license and could be subject to large fines. This can result in a driver's insurance premiums increasing substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is held accountable fairly. New York's reckless-driving laws are extremely strict and could result in significant penalties, including fines and prison. The severity of a penalty depends on a variety of variables like the severity of an accident and if there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.