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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are common. Certain accidents could cause serious injuries even if they're just minor collisions. The injured party should immediately call 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after a crash. They can help victims get compensation for medical bills and lost income. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are automatically covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However it is essential to understand what it means. To be eligible for No-Fault insurance You must satisfy some requirements. In the first place, you must be injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The injured party also 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 of function or disfigurement. All of these injuries are severe and can have a negative effect on a victim's life. A New York injury lawyer can assist you if been injured in a serious New York car accident. A lawyer can help you with the legal process in many ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may 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 may be facing massive medical expenses, lost wages and other expenses. No-fault insurance can cover these costs as well, and you should seek treatment after an accident, even if you feel well. If you are unable 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 such as the cost of household assistance. Insurance companies often try to deny you coverage for no fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since the absence of this could result in denial of benefits retroactively. Purely comparative fault In a lot of car accident lawsuits plaintiffs are partly or totally accountable for the incident. The law permits injured parties to recover damages based on the proportion of fault that can be assigned to them. St. Cloud is known as pure comparative fault. Pure comparative fault is different from modified comparative fault, which caps the amount of fault a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In the case of a car crash the plaintiff's legal responsibility for the crash depends on proving two things such as negligence and causation. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. Causation refers to the way in which the negligence directly caused the injury. To demonstrate legal responsibility the plaintiff must show the economic losses caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured can still seek compensation if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this instance it is crucial to work with a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical damages. However the concept of comparative fault can be somewhat more complex in wrongful death claims. It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if have multiple defendants in your case the concept of joint and several liability could be applicable. This is a method which splits the verdict among all the defendants if the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure you receive the most compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be even more challenging. The victims of injuries typically confront medical bills as well as a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. They also have to think about whether they can cover rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the tactics of an insurance company that is trying to get them accept a settlement offer that is low. The fact is, most insurance companies are focused on making money, and they do this by denying or reducing claims. Insurance companies will employ any tactic they can to prevent you from obtaining the amount you deserve. This is why it's so important to hire 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 take on insurance companies' devious tactics. In order to save money insurance companies will do whatever they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries are not directly related to the crash, or do not require treatment. They might even claim that you have a prior medical condition that is the reason for your crash. In certain cases, an insurance adjuster will come up with an amount for settlement that seems reasonable. This is a common scam that many people are enticed by. In reality, this offer will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. It is not unusual for people to suffer injuries when driving a vehicle of another or in their own vehicle. The most frequent causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using 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, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine who might be responsible for your injuries and the damages. They can also bring a lawsuit or claim against the driver to recover your damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of others on the road and pedestrians on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light could result in an accident that is serious. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor crime and face a fine or jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this type of offense can lead to the addition of points to your driver's license, as well as substantial fines. This could cause driver's insurance rates to rise significantly. It's important to hire a New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors, such as the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the cause of a collision and gather evidence that will show your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.