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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are simply fender benders, some can cause serious injuries. The injured party should immediately call 911 and seek medical care. A New York car accident lawyer can assist victims with their legal requirements following the crash. They can help victims get 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 covered by their own automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has safeguarded the victims of car accidents from being weighed down by out-of-pocket expenses. However it is crucial to understand what it means. To be eligible for No-Fault insurance, you must meet a few criteria. First and foremost you must be injured in a car accident that took place in the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. In addition 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 injuries are serious and can have a 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 deserve. A lawyer can assist with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They can also file a lawsuit in court on behalf of you against the driver who caused the accident. In the aftermath of a serious crash you could face astronomical medical bills, lost wages and other costs. No-fault insurance will cover these costs as well, and you should seek treatment after an accident, even though you feel fine. If you're unable to return to work, no-fault insurance will pay 80% of your lost wages up to $2,000 per month. It can also cover an important portion of the cost you incur out-of-pocket, including the cost of household help. Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). Attendance is mandatory, as the absence of this could result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties to seek damages based on the proportion of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a claimant may be deemed to have to prevent them from receiving 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 proving two things such as negligence and causation. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. The cause of the accident is determined by the manner in which the negligence caused the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this situation, it's important to work with a knowledgeable attorney. Comparative fault can be applied to any personal injury or wrongful-death case in which the victim (or their heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be slightly more complicated in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of multiple defendants. This system divides the verdict among all defendants in the event that the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation possible for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be even more difficult. Victims of injuries are often faced with medical bills, loss of income due to being unable to go to work and physical pain. Rent and other expenses are also a concern. They don't have to endure the delay tactics employed by an insurance company to try and get them to take low settlement offers. Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance companies will employ any strategy to prevent you from receiving the compensation you are entitled to. This is why it's essential to work with an New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' devious strategies. Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much money as possible. They may also attempt to avoid liability by arguing that the injuries aren't related to the accident or that they do not require treatment. They could even argue that the crash was caused by a previous medical condition. In some instances the insurance adjuster may offer a settlement that seems reasonable. This is a trick that many people fall to. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for drivers to sustain injuries while driving another person's car or riding in their 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 while 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 could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine all parties that might be responsible for your injuries and damage. They can also make a claim or lawsuit against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime an officer of the police force must prove more than negligence or carelessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others in danger. In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. For example driving at an intersection with a stop sign could result in serious injuries and accidents. If a driver is found to be recklessly driving, they could be found guilty of a misdemeanor crime and be subject to a fine or jail time. Reckless driving may cause serious injuries to other motorists, pedestrians and bicyclists. Anyone who is found guilty of this offense will have points added to their licenses and could be subject to massive fines. This could cause driver's insurance rates to increase substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is held accountable in a fair manner. The laws governing reckless driving in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence. A reckless driving accident lawyer who is experienced will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. go to this web-site could include witness statements, cellphone records to look for distracted driving, images and videos of the scene of the crash as well as official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.