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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues following a crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. 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 automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other costs related to accidents. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault insurance You must satisfy a few criteria. First of all you must be injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party must also be treated at an accredited hospital or provider. In addition you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and can have a negative effect on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due. 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 make a court filing on your behalf against the person who caused the accident. There is a chance that you will have to pay for astronomical medical expenses as well as 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 it seems as if you're in good shape. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover a large portion of your out-of-pocket costs, including the cost of household help. Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Purely comparative fault In many car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law permits injured parties to seek damages according to the percentage of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault that a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states generally set 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 accident that is, negligence and causality. Negligence refers to breaking a law or committing an act with reckless carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal liability the plaintiff has to demonstrate the economic loss resulted from their injuries, such as medical bills, lost income, and travel expenses for appointments. Non-economic losses are emotional trauma, suffering and pain. New York is one of the states that have pure comparative fault laws, which means that those who have suffered can still seek recovery if they are partially at fault. If the claimant is found to be more than 50 percent at the fault, they will be disqualified from claiming damages. In this situation it is crucial to work with an experienced attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in the case of wrongful death. It is important to understand the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. Independence injury lawsuits splits the verdict between all defendants if a jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation possible for your injuries. Insurance Company Tactics The aftermath of a car accident can be as stressful. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical pain. Rent and other expenses are also a problem. The last thing they want is to be subjected to the tactics of an insurance company trying to get them accept a low settlement offer. Insurance companies are in business to earn money. They accomplish this by denial or reduce your claims. Insurance agents will employ every strategy to prevent you from receiving the compensation you are entitled to. This is why it's essential to work with a New York car accident lawyer to make sure that the playing field is level. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will fight insurance companies and their shady tactics. In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try to avoid responsibility by claiming that your injuries aren't related to the crash or they do not require treatment. They might even claim that your crash was the result of a prior medical condition. In some instances, the insurance adjuster will offer a settlement that seems reasonable. This is a classic scam that many people fall for. This offer is much lower than the amount you have to pay to cover your medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless common for people to get injured while driving or riding in another person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties who may be accountable for your injuries and losses. They can also file a claim or lawsuit against the driver to recover 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 in danger. To convict a person of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light could result in a serious accident. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time. Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. Those who are convicted of this offense will receive points added to their license and could face massive fines. This could lead to a driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney who will ensure the driver is convicted on a fair basis. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties that include fines and jail time. The severity of a penalty is contingent on a variety of factors, such as the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. A reckless driving accident lawyer who is experienced will be able to determine the root of the accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos captured at 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 obtaining the maximum amount of compensation for your injuries.