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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident attorney can help victims with their legal issues following an accident. They can assist in obtaining compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know exactly what it does and does not mean. In order to qualify to benefit from No-Fault insurance, you must meet certain criteria. You must first and foremost be injured in an accident in New York. You must be a driver or passenger in the vehicle insured, or a pedestrian or bicyclist hit by the vehicle. The injured person must be treated in a hospital or an authorized provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can help you with the legal process in numerous ways following a serious car accident. They can explain your legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the crash. There is a chance that you will have to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. These costs can be covered by no fault insurance, and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape. If you are unable to return to work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket such as the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must show up for these appointments, since failure to attend could result in a retroactive denial of benefits. Purely faults of a comparative nature In a lot of car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law gives injured parties to be compensated based on their percentage of the fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law or acting with unreasonable carelessness. The causality is the manner that the negligence led to the injury. To establish legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income or travel expenses, caused by their injuries. Other non-economic losses include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that the injured party may still be able to claim compensation even if they are 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 instance, it's important to consult a knowledgeable lawyer. Comparative fault applies to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in cases of wrongful deaths. The concept of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will work 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 numerous liability could apply. This system divides the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be even more difficult. Injured victims are often faced with medical bills, loss of income due to inability to work or suffer physical discomfort. They also have to think about whether they can afford rent and other daily expenses. They don't have to endure the stalling tactics used by insurance companies to try and get them to accept low settlement offers. The truth is that the majority of insurance companies are focused on making money and do this by denial or cutting claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. This is why it's essential to work with a New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious strategies. Insurance companies will do everything in their power to delay your claim or slow the negotiations in order to save as much as possible. They also try to avoid liability by arguing that the injuries are not connected to the accident or do not require treatment. They may even claim that your crash was the result of a prior medical condition. In certain cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a common method that many people fall for. The offer is significantly less than the amount you need to pay in order to cover 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 suffer injuries while driving another person's car or in their own vehicle. The most frequent causes of accidents are reckless driving, distracted driving, and speeding. 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 and result in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties accountable for your injuries and losses. They can 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 in a manner that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime, a police officer must demonstrate more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. In some instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and may be subject to massive fines. This can result in a driver's premiums going up substantially. It is crucial to employ an New York reckless driving accident attorney to ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are very strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty is contingent on a variety of factors including the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. Overland Park injury lawyers experienced reckless accident lawyer will know how to investigate the cause of a collision and gather evidence that will show your innocence. The 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 compensation for your injuries.