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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. While most of them are simply fender benders, some can result in serious injuries. The injured party should immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal issues following the crash. They can assist in obtaining the compensation they need for medical expenses and lost wages. No- YouTube is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. While this system has protected car accident victims from being buried due to cost-out-of-pocket, it is important to know what it is and what it does not mean. To be eligible for No-Fault insurance you must satisfy a few criteria. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely serious injuries that can have a profoundly negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical bills, loss of wages, and other costs following a serious 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 are unable to return work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. It is mandatory to attend, since failing to attend could result in retroactive denials of benefits. Pure comparative fault In a majority of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law permits the injured party to claim damages according to the percentage of the blame that is given to them. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault an individual claimant is deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law, or acting with unreasonable negligence. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility, plaintiffs must also show economic losses, including 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 one of the states that have strict comparative fault laws which means that the injured party are still able to seek 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 instance it is essential to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be a bit more complicated in wrongful death cases. It is essential to comprehend the principle of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will work with insurance companies to get you the maximum compensation for your injuries. In addition, if you have several defendants in your case the concept of joint and several liability could be applicable. This is a method which splits the verdict among all defendants in the event that the jury decides that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the highest compensation for your injuries. Strategies of insurance companies The aftermath of a car crash can be just as stressful. Victims of injuries are often confronted with medical bills, lost income due to not being able to work or suffer physical discomfort. They also have to worry about how they will pay rent and other expenses of daily living. They don't have to endure the delay tactics employed by insurance companies to try and get them to accept low settlement offers. Insurance companies are in business to earn money. They do this by denying or cutting your claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights car accident victims. Our attorneys will fight insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much money as possible. They will also try to avoid responsibility by claiming that your injuries aren't related to the crash or do not require treatment. They may even argue that you have a prior medical condition that is to blame for the crash. In some instances, an insurance adjuster will arrive at an amount of settlement that appears reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you'll need to pay in order to cover medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to suffer injuries while driving another person's car or in their vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to 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 accident to determine the parties that could be responsible for your injuries and damage. They may 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 vehicle in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic offense can be considered a form of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. Those who are convicted of this offense will receive points added to their license and could face massive fines. This could lead to a driver's premiums going up significantly. It is essential to find a New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis. New York's reckless driving laws are quite strict and can result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a number of factors, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence. A reckless driving accident lawyer who has experience will be able to determine the cause of an accident and gather evidence to show your innocence. This 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, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.