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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. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should call 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal needs after an accident. 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, passengers and pedestrians as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However it is essential to understand what it means. To be eligible for No-Fault insurance, you must meet certain requirements. First and foremost you must be injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The person injured must be treated at a hospital or an authorized provider. Additionally, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on behalf of you against the negligent driver who caused the accident. Following a serious car crash you could be faced with huge medical bills, lost wages and other expenses. No-fault insurance is able to pay for these as well, and you should seek treatment following an accident, even though you feel fine. If you're unable to return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It will also cover an important portion of the cost you incur out-of-pocket such as the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam under Oath. The requirement to attend is that the absence of this could result in retroactive denials of benefits. Pure faults that are comparable In a lot of car accident cases, the plaintiffs may be held to be fully or partially responsible for the incident. The law allows injured parties to receive damages based on their percentage of fault. This is known as pure comparative fault. Pure comparative fault is different from modified comparative fault which caps the amount of fault a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on demonstrating two things such as negligence and causation. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states that have a strict comparative-fault law, which means that injured parties can still claim compensation even if they are partially responsible. However, if the claimant is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this situation, it's important to consult with a reputable lawyer. Comparative fault can be applied to any personal injury or wrongful-death instance where the victim (or heirs) have suffered physical or mental damages. However, the concept of comparative fault can be slightly more complicated in wrongful death cases. You Tube of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the maximum compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and numerous liability may apply. The system splits the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Insurance Company Tactics The aftermath of a car accident can be as stressful. The victims of injuries typically have to deal with medical bills as well as a loss of income from being incapable of working and suffer from physical pain and emotional distress. Rent and other daily expenses are also a concern. The last thing they want is to be subjected to the tactics of a stalling insurance company who is trying to get them to accept a settlement offer that is low. Insurance companies are in business to make money. They do this by refusing or reduce your claims. Insurance companies will employ every trick to deny you the money you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their shady tactics. To save money, insurance companies will do whatever they can to delay or stop your claim. They may also attempt to avoid responsibility by arguing that the injuries are not directly 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 certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a common trick that many people fall to. In reality, this offer will be much lower than what you really need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to become injured when driving or riding in another's vehicle. The most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties accountable for your injuries and losses. They may also make a claim or lawsuit against the driver in order to recover 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 pedestrians and cyclists in danger. To convict someone of this crime, a police officer must prove more than carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. In certain instances, even a minor traffic violation can be viewed as a form 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 might be found guilty of misdemeanor charges and face fines or jail time. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your license, as well as substantial fines. This can cause a driver's insurance rates to go up significantly. It is important to hire 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 quite strict and can result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors, including the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license. A reckless driving accident lawyer who is experienced will know how investigate the causes of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photographs and videos from the scene of the crash as well as official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.