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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 common. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party must immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements after an accident. They can help victims get compensation for medical expenses as well as lost income. No-fault Insurance New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this has helped to protect car accident victims from being buried due to expenses out of pocket, it is important to know exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. In the first place, you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated at an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. These are all extremely severe injuries that can have a profoundly negative impact on the victim's life. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can assist you with the legal process in many 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 can also initiate a court action on behalf of you against the driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses along with loss of wages, and other costs following a serious car accident. No-fault insurance will pay for these and other expenses, so you should seek out treatment after an accident, even if you feel well. If you are unable to return work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers the majority of your out-of-pocket costs which includes the cost of household help. Insurance companies will often attempt to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because failing to do so could result in a retroactive denial of benefits. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law allows the injured party to claim damages based on the proportion of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount that a claimant may be deemed to have in order to keep them from receiving financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on showing two things such as negligence and causation. Negligence is the violation of a law, or acting with unreasonable negligence. Causation is the process by which the negligence directly contributed to the injury. To establish legal liability plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, 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. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this case, it's important to consult with a reputable lawyer. Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical damages. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims. It is important to understand the concept of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum amount of compensation for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This system divides the verdict between all defendants in the event that a jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, but the aftermath can be even more challenging. Injured victims are often faced with medical bills, lost income due to not being able to work or suffer physical pain. Rent and other daily expenses are also a problem. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to convince them to accept a low settlement offer. Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance representatives will use any tactic they can to prevent you from receiving the compensation you deserve. It is essential to find 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 of the victims of car accidents. Our lawyers will fight insurance companies' devious strategies. Insurance companies will do everything in their power to delay your claim or stop the negotiations in order to save as much money as possible. They also try to avoid responsibility by claiming that your injuries aren't related to the crash or that they don't require treatment. They may even claim that the accident was caused by an earlier medical condition. In some instances an insurance adjuster may arrive at an amount of settlement that appears reasonable. This is a trick that many people fall prey to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damages. New York law requires that every driver have no-fault insurance. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving is when a driver is using devices to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. YouTube of accidents are drunk driving, road conditions and weather. Reckless driving You may be entitled compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the accident to determine the parties that could be accountable for your injuries and damages. They may also file a lawsuit or claim against the driver in order to collect damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. This means that the officer must show that the driver knew their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For example driving at the red light or stopping sign could cause serious injuries and accidents. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this type of offense can result in the addition of points to your license and hefty fines. This could result in driver's insurance premiums increasing substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The laws governing reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of the punishment depends on a variety of factors including the severity of the accident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. A reckless driving accident attorney who is experienced will know how investigate the root of the accident and gather evidence to prove your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.