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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 minor accidents. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can assist victims with their legal issues after a crash. They can help them obtain compensation 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 covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried by expenses out of pocket but it is essential to understand exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain requirements. First of all you must be injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist struck by the vehicle. The person who was injured must be treated in a hospital or by a certified provider. Additionally you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these are serious and can have a negative effect on a 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 assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the driver responsible for the crash. Following a serious car crash you could face huge medical bills, lost wages, and other expenses. No-fault insurance will pay for these, and you should always seek treatment following an accident, even though you feel well. If you are unable to return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers an important portion of your out-of-pocket expenses which includes the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. The requirement to attend is that failing to attend could result in denial of benefits retroactively. Purely faults that are comparable In a lot of car accident cases plaintiffs may be liable in part or full for the accident. The law allows injured parties to be compensated in proportion to their share of fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the crash that is, negligence and causality. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. The causality is the manner in which the negligence caused the injury. To prove legal responsibility the plaintiff must prove the economic damages caused by their injuries, for example, medical bills, lost income, and travel expenses for appointments. Other non-economic losses include emotional trauma and suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered may still pursue recovery even in the event that they are partly at fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this situation it is crucial to consult with a seasoned attorney. Comparative fault can be applied to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims. It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. Additionally, if you have several defendants in your case, the concept of joint and multiple liability could apply. This is a method which splits the verdict among all defendants in the event that the jury finds that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance company tactics The aftermath of a car accident can be as stressful. Victims of injuries often confront medical bills and a loss of income from being in a position of no work and suffer from physical pain and emotional distress. Rent and other expenses are also a problem. They don't have to be subjected to the stalling tactics used by insurance companies to convince them to take low settlement offers. Insurance companies exist to make money. They accomplish this by denial or reducing your claims. Insurance agents will employ every method to stop you from receiving the compensation you deserve. This is why it's crucial to find an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do everything they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash. In some instances the insurance adjuster might offer a settlement that seems reasonable. This is a common scam that many people fall for. This offer is lower than the amount you need to pay in order to cover medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries when driving a vehicle of another or in their own vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using an electronic device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all 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. The New York criminal code defines reckless driving as operating a vehicle in a manner that puts at risk the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty the police officer has to prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. In some cases, even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance driving at a red light or stop sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this offense could result in the addition of points to your license, as well as hefty fines. This could cause drivers' insurance rates to rise significantly. YouTube is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are quite strict and can result in substantial penalties, including fines and imprisonment. The severity of the punishment depends on a number of factors such as the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A reckless driving accident lawyer who has experience can determine the causes of an accident and gather evidence to show your innocence. This 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 secure the highest amount of compensation for your injuries.