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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While most of them are simply collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues following an accident. They can help victims obtain 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 well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages, and other accident-related costs. While this system has helped protect car accident victims from being buried due to cost-out-of-pocket It is crucial to know what it does and does not mean. To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. In the first place, you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian who was struck by the vehicle. The person injured must be treated in an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the person's life. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can provide you with legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They may also file a lawsuit in court on your behalf against the driver who caused the accident. Following a serious car crash you could be faced with astronomical medical bills, lost wages and other costs. No-fault insurance is able to cover these costs as well, and you should seek treatment after an accident, even though you feel okay. If you are unable to return to work, no-fault insurance will pay 80 percent of your lost wages up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, since failure to attend could result in the denial of benefits retroactively. Pure faults that are comparable In many cases of car accidents, the plaintiffs may be partially or fully responsible for the accident. The law allows injured parties to recover damages according to the proportion of fault that can be given to them. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence refers to breaking a law or committing an act in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income and 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 states that have absolute comparative fault laws, which means that the injured party can still seek recovery when they are at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be barred from recovering any damages. In this case, it's important to consult a knowledgeable attorney. Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative blame is more complicated in wrongful death cases. The concept of comparative fault is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of multiple defendants. This is a system which splits the verdict among all defendants in the event that the jury determines that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be even more challenging. Injured victims often must deal with medical bills and a loss of income as a result of being in a position of no work, not to mention their physical pain and emotional stress. Rent and other daily expenses are also a major concern. The last thing they need is to be subjected the tactics of an insurance company that is trying to get them to accept a low settlement offer. The reality is that most insurance companies are in the business of making money, and they do it by denying or reduction of claims. Insurance agents will employ every method to stop you from obtaining the compensation you are entitled to. This is why it is essential to work with a 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 car accident victims. Our attorneys will take on insurance companies and their sneaky tactics. In order to save money insurance companies will do anything they can to delay or derail your claim. They also try to evade responsibilities by arguing that your injuries aren't directly related to the crash, or do not require treatment. Lakewood injury attorney might even claim that your accident was caused by a previous medical condition. In some cases, an insurance adjuster will arrive at an amount for settlement that seems reasonable. This is a common trick that a lot of people fall to. In reality, the price will be much lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to become injured while driving or riding in a person's vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving is when a driver uses devices 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 and result 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 may be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties that could be liable for your injuries and losses. They could also file a lawsuit or claim against the driver to claim 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 pedestrians on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. This means that the officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance, running a red light or stop sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense could result in the addition of points to your license, as well as hefty fines. This can result in a driving's premiums rising significantly. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and jail time. The severity of the punishment depends on a variety of factors including the severity of the crash and whether there were any aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended. An attorney for reckless driving who is experienced can determine the causes of an accident and gather evidence to show your innocence. This could include witness statements as well as phone records to look for distracted driving, images and videos from the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.