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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 are just minor collisions. The injured parties should immediately contact 911 and seek medical care. A New York car accident lawyer can assist victims with their legal needs after the crash. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried due to out-of-pocket costs but it is essential to know what it does and does not mean. To be eligible to benefit from No-Fault insurance, it is necessary to meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured person must be treated in a hospital or an authorized provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement or death. All of these injuries are severe and can have a negative effect 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 obtaining the compensation you're due. A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can explain your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. Houston injury attorneys can also bring a lawsuit to court on your behalf against the driver responsible for the crash. After a serious car accident, you may be facing massive medical bills, lost wages, and other expenses. These expenses are paid for by no-fault insurance and you should seek treatment immediately following a car crash even if it seems like you're fine. If you are unable return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover the majority of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law gives injured parties the right to recover damages based on their percentage of fault. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault that the claimant could be considered to have 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 things in order to be legally responsible for the accident that is, negligence and causality. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. Causation refers to the way in which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, including 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 pure comparative fault laws, which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this case it is crucial to consult with a reputable attorney. Comparative fault can be applied to almost any personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complicated in the case of wrongful death. The concept of comparative blame is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to get you the most compensation for your injuries. Joint and several liability could also apply if there are several defendants. The system splits the verdict between all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great method to ensure you receive the most compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims are often confronted with medical bills, lost income due to being unable to work, and physical discomfort. Rent and other expenses are also a problem. The last thing they need is to be subjected the stalling tactics of an insurance company trying to get them accept a low settlement offer. Insurance companies are in business to make money. They do this by refusing or cutting your claims. Insurance agents will employ every method to stop you from getting the amount you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sneaky tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They will also try and keep the blame off by claiming that the injuries are not directly related to the crash or that they do not require treatment. They may even claim that the accident was caused by an earlier medical condition. In certain cases an insurance adjuster may determine an amount for settlement that seems reasonable. This is a trick that a lot of people fall to. In reality, this offer will be significantly lower than what you actually need to pay for your medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is common for people to be injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are among the most common causes for accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are 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 driver accident lawyer can help you in investigating the crash to determine all parties that might be responsible for your injuries and damage. They can also initiate a lawsuit or claim against the driver in order to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or cyclists, pedestrians, and cyclists in danger. To convict someone the police officer must prove more than just negligence or carelessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light could result in serious accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. Anyone who is found guilty of this offense will have points added to their licenses and could be subject to massive fines. This could lead to a driver's premiums going up significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in substantial penalties including fines and jail time. The severity of the penalty depends on a number of factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An attorney for reckless driving with experience will be able to determine the cause of an accident and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check whether the driver was distracted, photos and videos taken 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.