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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent incident in New York City. Although the majority of them are just accidents that cause fender benders, a few can cause serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal requirements after the crash. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried by cost-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 satisfy some requirements. You must first and foremost have been injured in an accident that occurred in 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 injured must be treated in a hospital or by an authorized provider. Additionally, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these are serious and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. After a serious auto accident A lawyer can help you in a variety of ways. They can explain your legal options, conduct a thorough investigation and bargain with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the driver responsible for the crash. You may have to pay astronomical medical bills as well as lost wages and other expenses after a serious auto accident. No-fault insurance can cover these costs, and you should always seek treatment after a crash, even if you feel well. If you cannot return to work due to an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It can also cover an important portion of your out-of-pocket expenses which includes the cost of household help. Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. Attendance is mandatory, as failure to do so may result in denial of benefits retroactively. Pure faults of a comparative nature In many car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law allows injured parties to recover damages in proportion to their share of the fault. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a claimant could be considered to have in order to keep them from being eligible for financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident is contingent upon proving two things that are causation and negligence. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner the negligence caused the injury. To demonstrate legal responsibility, the plaintiff must also show the economic losses that result from their injuries such as medical bills, lost income and travel expenses to appointments. Other non-economic losses include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured could still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this situation it is essential to work with a knowledgeable lawyer. Comparative fault is applicable to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered physical or mental damages. However, the concept of comparative fault is slightly more complicated in wrongful death claims. It is essential to comprehend the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will help you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Joint and several liability could also apply if there are multiple defendants. This system divides the verdict between all defendants if a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. The tactics of the insurance company The aftermath of a car crash can be as stressful. Injured victims often have to deal with medical bills and a loss of income due to being unable to work, not to mention their physical pain and emotional stress. Rent and other costs of daily living are also a major concern. They don't need to be subjected to the strategies of stalling employed by an insurance company to try and get them to take low settlement offers. The truth is that the majority of insurance companies are in the business of making money, and they do this by denying or reduction of claims. Insurance companies will employ every tactic possible to deny you the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow negotiations to save as much money as possible. They may also attempt to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They might even claim that the crash was the result of a prior medical condition. In some cases an insurance adjuster might determine an amount for settlement that seems reasonable. This is a classic method that a lot of people are enticed by. The offer is significantly less than the amount you'll must pay to cover medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to get injured when driving or riding in another person's vehicle. Some of the most common causes of accidents include distracted driving, reckless driving and speeding. Distracted driving is when a driver uses a device to send or receive text messages, makes phone calls, or listens to music driving. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in analyzing the crash to determine who might be responsible for your injuries and damages. They can also make a claim or lawsuit against the driver in order to recover damages. The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. In certain instances even a minor traffic violation 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 caught driving recklessly, they might be found guilty of misdemeanor charges and face penalties such as fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. Those who are convicted of this crime will be subject to points added to their license and could be subject to massive fines. Citrus Heights injury lawyer could cause drivers' insurance rates to increase substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. New York's reckless driving laws are quite strict and can lead to substantial penalties, including fines and imprisonment. The severity of a penalty is contingent on a number of factors including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to show your innocence. This evidence might include witness statements as well as cell phone records to check for distracted driving, photos 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 that are aimed at getting you the most compensation for your injuries.