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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. While most of them are just accidents that cause fender benders, a few can cause serious injuries. Anyone injured should dial 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal issues following an accident. They can assist victims in obtaining compensation for medical expenses and lost income. No-fault insurance New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has safeguarded those who have been injured in car accidents from being burdened with out-of pocket costs. However it is essential to understand what it means. To be eligible for No-Fault Insurance you must satisfy a few criteria. 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 insured, or a pedestrian or bicyclist struck by the vehicle. The injured person must be treated in a hospital or an authorized provider. You must have also 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 that can have a devastating negative impact on the life of the victim. 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. A lawyer can help you with the legal process in many ways following a serious auto accident. They can provide you with legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also make a court filing on your behalf against the driver who caused the crash. You could be required to pay astronomical medical bills, loss of wages, and other costs after a serious auto accident. No-fault insurance can pay for these as well, and you should seek out treatment after an accident, even if you feel well. If you're unable to return to work, no-fault insurance will cover 80 percent of your lost wages up to $2,000 per month. It will also cover the majority of the cost you incur out-of-pocket, including the cost of household assistance. Insurance companies often try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, as not attending could result in a retroactive denial of benefits. Purely faults that are comparable In a lot of car accident cases plaintiffs may be partially or fully responsible for the incident. The law permits injured parties to seek damages based on the percentage of fault that can be given to them. This is referred to as pure comparative negligence. Pure comparative fault differs from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things: negligence and causation. Negligence is the act of breaking the law or acting with unreasonable carelessness. Causation refers to the way in which the negligence directly caused the injury. To establish legal liability the plaintiff must prove the economic damages caused by their injuries, such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as 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 at fault. If the claimant is found to be more than 50 percent at fault, they will be exempt from any claim for damages. In this situation, it's important to consult a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or wrongful death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is somewhat more complex in wrongful death claims. It is essential to comprehend the principle of comparative negligence when submitting 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 you receive the maximum amount of compensation for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This system divides the verdict between all defendants when a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, loss of income due to not being able to go to work and physical pain. They also have to worry about whether they can afford rent and other expenses of daily living. The last thing they want is to be sucked into the stalling tactics of an insurance company who is trying to get them accept a low settlement offer. Insurance companies exist to earn money. Bridgeport do this by refusing or reducing your claims. Insurance agents will employ every tactic they can to prevent you from receiving the compensation you deserve. 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 are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their devious tactics. Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They may also attempt to avoid liability by arguing that the injuries aren't connected to the accident or that they do not require treatment. They may even claim that your accident was the result of a prior medical condition. In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a common tactic that many people fall to. The offer is significantly less than the amount you'll have to pay to cover your medical expenses and other damage. The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to be injured when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. 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 assist you in analyzing the crash to determine all parties that could be responsible for your injuries and damages. They could also file a lawsuit or claim against the driver to recover damages. The New York criminal code defines reckless driving as operating the vehicle in a way that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or place others in danger. In some instances even a minor traffic offense can be viewed as a form of reckless driving in New York. Driving through a stop sign or red light can result in a serious accident. If an individual driver is found be recklessly driving, they could be found guilty of a misdemeanor offense and could face a fine or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their license and may be subject to hefty fines. This could cause drivers' insurance rates to increase significantly. It's important to hire an New York reckless driving accident attorney who will ensure 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 such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. An attorney for reckless driving who is experienced will be able to determine the cause of an accident and gather evidence to show your innocence. This evidence might include witness statements and phone records to look for distracted driving, photos and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.