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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. Some of these accidents can cause serious injuries even if they're minor accidents. Anyone injured should dial 911 and seek medical attention right away. A New York car accident attorney can assist victims with legal issues following the crash. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried due to expenses out of pocket but it is essential to know what it does and does not mean. To be eligible for No-Fault insurance, you must meet certain requirements. First and foremost you must be injured in a car accident that took place in the state of New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and can have a negative impact on a victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can explain your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the driver responsible for the crash. After a serious car accident you could face massive medical bills, lost wages and other costs. No-fault insurance is able to pay for these as well, and you should seek out treatment after an accident, even though you feel well. If you are unable to return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must show up for these appointments, because failure to attend could result in a retroactive denial of benefits. Purely faults of a comparative nature In many car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law allows injured parties the right to recover damages based on their percentage of blame. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the accident: negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. The causality is the way the negligence caused the injury. To prove legal responsibility, the plaintiff must also show the economic losses resulted from their injuries, for example, medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma and pain and suffering. New York is one of the states that have strict comparative fault laws which means that injured parties can still seek recovery in the event that they are partly at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this case, it's important to work with a knowledgeable lawyer. Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in wrongful death cases. The concept of comparative blame is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will collaborate with the insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Additionally, if you have several defendants in your case, the concept of joint and numerous liability could apply. This is a method that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries. Tactics of the Insurance Company The aftermath of a car accident can be equally stressful. Victims of injuries often confront medical bills and a loss of income as a result of being in a position of no work, not to mention their physical pain and emotional distress. Rent and other daily expenses are also a concern. The last thing they want is to be subjected the tactics of a stalling insurance company that is trying to get them to accept a settlement offer that is low. The fact is, most insurance companies are in the business of making money and do this by denying or reducing claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you are entitled to. This is why it is crucial to find an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will take on insurance companies and their shady tactics. Insurance companies will do all they can to delay your claim or stall the process to save as much as possible. They may also attempt to avoid responsibility by arguing that the injuries are not directly related to the crash or that they do not require treatment. You Tube could even argue that the accident was caused by a previous medical condition. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. In reality, the price will be much lower than the amount you will actually have to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. However, it is common for people to get injured when driving or riding in another person's vehicle. The most frequent causes of accidents are reckless driving, distracted 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 driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help examine the crash to determine all parties that could be responsible for your injuries and losses. They may also file a lawsuit or claim against the driver in order to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime, a police officer must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving through a red light or stop sign could cause a serious accident and injury. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face fines or even jail time. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their license and may be subject to massive fines. This could lead to a driver's premiums going up significantly. 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 extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a number of factors including the severity of the incident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence that will prove your innocence. The evidence could include witness statements, cell phone records to check for distracted driving, photographs and videos taken at the scene of the accident and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.