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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. While most of them are fender benders, some can cause serious injuries. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can help victims with their legal requirements after an accident. They can assist them in obtaining the compensation they need for medical expenses and lost wages. 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 automobile insurance policies. This includes medical costs, lost wages and other related costs to an accident. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However, it is important that you understand what it means. To be eligible for No-Fault insurance You must satisfy some requirements. First and foremost you must be injured in a vehicle accident that took place in the state of New York. You must also be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The person injured must be treated in an accredited hospital or provider. Additionally you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely severe injuries, and can have a profoundly negative impact on the victim's life. 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. After a serious auto accident, a lawyer can assist you in a variety of ways. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also file a court case on behalf of you against the driver who caused the accident. You may have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance will pay for these as well, and you should seek treatment after a crash, even if you feel okay. If you are unable to return to work, no fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover the majority of your out-of-pocket costs which includes the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the crash. The law permits the injured party to claim damages based on the percentage of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault, which limits the amount of fault the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is one of the states that have absolute 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 fault, they are disqualified from claiming damages. In this situation it is crucial to consult a knowledgeable attorney. Comparative fault is applicable to any personal injury or wrongful-death case in which the victim (or heirs) have suffered mental or physical injuries. The concept of comparative blame is more complex in the case of wrongful death. It is important to understand the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum compensation for your injuries. Joint and several liability can be used in the event of several defendants. This is a system that divides the judgment between all defendants in the event that the jury decides that you are jointly and severally liable for the incident. This is a great way to ensure that you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims are often faced with medical bills, loss of income due to inability to work or suffer physical discomfort. They also have to think about whether they can afford rent and other expenses of daily living. The last thing they want is to be subjected the tactics of an insurance company who is trying to get them accept a settlement offer that is low. Insurance companies are in business to earn money. They do this by denying or cutting your claims. Insurance representatives will use any method to stop you from obtaining the compensation you deserve. This is why it is so important to hire a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies and their shady tactics. In order to save money, insurance companies will do whatever they can to delay or stall your claim. They will also try and avoid liability by arguing that your injuries aren't connected to the accident or that they do not require treatment. They may even claim that your crash was the result of a prior medical condition. In some instances, an insurance adjuster will arrive at an amount of settlement that appears reasonable. This is a common tactic that many people fall to. In reality, the price will be much lower than what you actually need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine the parties that may be accountable for your injuries and damages. They may also make a claim or lawsuit against the driver to collect damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and pedestrians on bicycles. To convict someone 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 instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. For San Antonio injury lawyers driving at a red light or stop sign could result in an accident that is serious and cause injury. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense could result in the addition of points to your license as well as substantial fines. This could result in driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are very strict and could result in severe penalties that include fines and jail time. The severity of the punishment depends on a variety of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An attorney for reckless driving who has experience will know how investigate the root of the accident and gather evidence to show your innocence. This could include witness statements and cell phone records to check for distracted driving, photographs and videos of the scene of the accident as well as official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.