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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent occurrence in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with 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 pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their auto 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 expenses. However, it is important to know what it means. In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain criteria. In the first place you must be injured in a car accident that occurred within the state of New York. You must also be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The injured person must be treated at a hospital or an authorized provider. In addition you must have suffered an “serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these injuries are serious and could have a negative impact on the life of a 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 that you deserve. A lawyer can assist with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the negligent driver responsible for the crash. You may have to pay astronomical medical bills along with loss of wages, and other costs following a serious car accident. No-fault insurance can pay for these, and you should always seek out treatment after a crash, even if you feel okay. If you cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers an important portion of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, since failure to attend could result in an appeal to the benefits. Pure faults of a comparative nature In a lot of car accident lawsuits plaintiffs are either completely or partially accountable for the incident. The law grants injured parties to recover damages according to their percentage of blame. This is called pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law or committing an act in reckless disregard. The causality is the manner the negligence caused the injury. To establish legal liability the plaintiff must demonstrate the economic loss resulted from their injuries, for example, medical bills, lost income and travel costs to appointments. Non-economic losses are emotional trauma and pain and suffering. New York is one of the 13 states that have absolute comparative fault laws, which means that injured parties are still able to seek compensation even when they are at fault. If the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this case it is crucial to consult a knowledgeable lawyer. Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence before filing an insurance claim following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. Joint and several liability could also apply if there are several defendants. The system splits the verdict among all defendants if a jury finds you jointly and severally responsible for the accident. This is a great way to ensure you get the maximum amount of compensation for your injuries. Insurance company tactics The aftermath of a car crash can be just as stressful. Victims of injuries often confront medical bills as well as a loss of income due to being unable to work and suffer from emotional and physical pain. Rent and other expenses are also a problem. They don't need to be subjected the delay tactics employed by insurance companies to convince them to accept lower settlement offers. The truth is that the majority of insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance companies will employ every trick to deny you the compensation you deserve. 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 of car accident victims. Our attorneys will fight insurance companies and their devious tactics. Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They may also attempt to keep the blame off by claiming that your injuries aren't related to the accident or that they do not require treatment. They might even claim that you had a prior medical condition that is to blame for your crash. In relevant web site might come up with an amount of settlement that appears reasonable. This is a trick that many people fall prey to. This offer is lower than the amount you'll have to pay to cover medical expenses and other damage. New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to suffer injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather. 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 driver accident lawyer can help you in investigating the crash to determine the parties that could be responsible for your injuries and the damages. They may also make a claim or a lawsuit against the driver to recover your damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists in danger. To convict a person of this crime, a police officer must show more than just carelessness or negligence. The officer must show that the driver was aware that their actions could result in 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 instance, running an intersection with a stop sign could result in an accident that is serious and cause injury. If a driver is found driving recklessly, they could be found guilty of misdemeanor charges and could face fines or jail time. Unsuspecting driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your license as well as substantial fines. This can result in a driver's premiums going up substantially. It is crucial to employ a New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. The reckless driving laws in New York are quite strict and can result in severe penalties that include fines and jail time. The severity of the punishment depends on several factors, including the severity of the incident and whether or not there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. An attorney for reckless driving with experience can determine the root of the accident and gather evidence to demonstrate your innocence. This evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest amount of compensation for your injuries.