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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 frequent. Certain accidents could cause serious injuries, even if they are just minor collisions. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal requirements following a crash. They can help victims get compensation for medical expenses and lost income. 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 by their automobile insurance policies. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to cost-out-of-pocket but it is essential to know what it means and does not mean. To be eligible for No-Fault Insurance you must satisfy some requirements. First and foremost, you must be injured in an accident that occurred in 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 a certified medical professional. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can assist 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. Troy injury lawyers can also file a court case on your behalf against the driver who caused the accident. You could be required to pay astronomical medical costs along with lost wages, and other expenses after a serious auto accident. No-fault insurance is able to cover these costs as well, and you should seek out treatment after an accident, even if you feel fine. If you are unable to return work because of an injury, no fault insurance will pay up to $2,000 in lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must attend these appointments, since not attending could result in the denial of benefits retroactively. Pure faults that are comparable In many car accident cases plaintiffs may be held to be fully or partially responsible for the accident. The law permits the injured party to claim damages in proportion to the percentage of fault that can be attributable to them. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault an individual claimant is deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a car accident case the plaintiff's legal responsibility for the accident is contingent upon proving two things that are causation and negligence. Negligence refers to breaking the law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly led to the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses, caused by their injuries. 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 can still claim compensation even if they are partially responsible. If the claimant is found more than 50 percent responsible, they are not able to claim damages. In this instance, it's important to consult with a reputable attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in cases of wrongful deaths. The concept of comparative fault is essential to be aware of when making claims for compensation following an accident in New York. Your lawyer will negotiate with insurance companies to get you the maximum amount of compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and several liability may apply. This system divides the verdict between all defendants when the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims often must deal with medical bills and a loss of income from being unable to work in addition to their physical pain and emotional stress. Rent and other daily expenses are also a concern. The last thing they need is to be sucked into the tactics of a stalling insurance company trying to get them accept a low settlement offer. The truth is that the majority of insurance companies are focused on making money and do this by denial or reduction of claims. Insurance representatives will use any strategy to prevent you from receiving the amount you are entitled to. This is why it is essential to work with a 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 car accident victims. Our lawyers will fight insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or slow the process to save as much as possible. They will also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or that they don't require treatment. They might even claim that you have a prior medical issue that is responsible for the crash. In some instances an insurance adjuster may come up with a settlement amount that seems reasonable. This is a common tactic that many people fall to. In reality, the price is significantly less than what you really need to pay for medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is nevertheless common for people to become 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 happens when a driver uses a device while driving to send or receive texts or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries 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 investigating the crash to determine all parties that could be responsible for your injuries and damages. They can also bring a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must demonstrate 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 offense can be considered a form of reckless driving in New York. Driving through a stop sign or red light could result in an accident that is serious. If an individual driver is found be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to an indictment or a fine. Unsuspecting driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license as well as substantial fines. This can cause a driver's insurance rates to go up significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis. New York's reckless-driving laws are very strict and can result in significant penalties, including fines and prison. The severity of a penalty depends on a variety of variables like 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 license. An experienced reckless accident lawyer will know how to determine the cause of a collision and gather evidence that will demonstrate your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photos and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.