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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While most of them are just fender benders, some can cause serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues after an accident. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically protected by their own auto 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 It is crucial to know what it is and what it does not mean. To be eligible for No-Fault Insurance You must satisfy certain requirements. First and foremost, you must be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. Additionally, you must have suffered an “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. These are all extremely serious injuries that could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist with the legal process in numerous ways after a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the accident. After a serious car accident you could be faced with astronomical medical expenses, lost wages and other costs. These expenses are 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 due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of your out-of-pocket expenses such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. It is mandatory to attend, since failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In many car accident lawsuits, the plaintiffs are partly or totally responsible for the accident. The law allows injured parties to be compensated in proportion to their share of fault. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In a car accident case the plaintiff's legal responsibility for the crash depends on proving two things: negligence and causation. Negligence refers to breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly contributed to the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss resulted from their injuries, such as medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative fault law, which means that injured parties could still be able to claim compensation even if they are partially at fault. If the claimant is found more than 50 percent at fault, they are unable to claim damages. In this case it is crucial to consult with a seasoned attorney. Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths. It is crucial to grasp the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to secure the most compensation for your injuries. In addition, if have several defendants in your case the concept of joint and numerous liability could apply. This is a method that splits the judgment amongst all defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Insurance company tactics Car accidents are stressful enough, but the aftermath can be even more challenging. Injured victims are often faced with medical bills, lost income due to being unable to work, and physical discomfort. They also have to worry about how they will pay rent and other daily expenses. The last thing they want is to be sucked into the tactics of an insurance company that is trying to get them to accept a settlement offer that is low. Insurance companies exist to make money. They accomplish this by denial or reduce your claims. Insurance agents will use every trick to deny you the compensation you deserve. This is why it is essential to work with an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will take on insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or stop the negotiations in order to save as much as possible. They may also attempt to keep the blame off by claiming that the injuries aren't related to the accident or that they do not require treatment. They may even claim that your accident was caused by a previous medical condition. In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common trick 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. It is not uncommon for drivers to be injured while driving another's vehicle or riding in their vehicle. Distracted driving, reckless driving, and speeding are among the most frequent causes of accidents. Distracted driving happens when a driver is using an electronic device to send or receive text messages, make 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 are drunk driving, road conditions and weather conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine the parties responsible for your injuries and losses. They could also file a lawsuit or claim against the driver in order 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 motorists or pedestrians and cyclists in danger. To convict a person of this crime, a police officer must demonstrate more than mere carelessness or negligence. This means that the police officer must prove that the driver was aware of their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and could face penalties such as fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense could result in the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to increase substantially. It is crucial to employ 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 very strict and could result in substantial penalties that include fines and jail time. The severity of the punishment depends on a number of factors, including the severity of the crash and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos captured at the scene of the accident, medical reports from the official and toxicology reports. read this will prepare, file, and litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.