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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular event in New York City. Certain accidents could cause serious injuries even if they're just minor collisions. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist 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 an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other related costs to an accident. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However it is essential that you understand what it means. To be eligible for No-Fault insurance You must satisfy certain requirements. You must first and foremost be 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 at a hospital or an authorized provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in numerous ways following a serious auto accident. They can provide you with legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They can also bring a lawsuit to court on behalf of you against the negligent driver responsible for the crash. After a serious car accident you could be faced with huge medical expenses, lost wages and other expenses. These expenses can be covered by no-fault insurance, and you should seek medical attention immediately following a car crash even if it seems as if you're in good shape. If you are unable return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It will also cover a large portion of your out-of-pocket expenses which includes 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). You must show up for these appointments, as failure to attend could result in an appeal to the benefits. Purely faults of a comparative nature In many car accident cases the plaintiffs could be liable in part or full for the incident. The law permits the injured party to claim damages in proportion to the percentage of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be considered to be owed to prevent them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In a car accident, the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses are emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this case it is essential to work with an experienced attorney. Comparative fault can be applied to almost any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered emotional or physical damages. However the concept of comparative fault is somewhat more complex in wrongful death cases. It is important to understand the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will collaborate with insurance companies to get you the maximum compensation for your injuries. In addition, if you have several defendants in your case, the concept of joint and several liability may apply. This is a method which splits the verdict among all the 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 highest compensation for your injuries. The tactics of the insurance company The aftermath of a car accident can be just as stressful. Injured victims often must deal with medical bills as well as a loss of income due to being in a position of no work, not to mention their physical pain and emotional distress. Rent and other daily expenses are also a major concern. The last thing they need is to be sucked into the stalling tactics of an insurance company that is trying to get them to accept a settlement offer that is low. The fact is, most insurance companies are focused on making money, and they do this by denying or cutting claims. Insurance representatives will use any method to stop you from obtaining the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies' sneaky tactics. In order to save money insurance companies will do everything they can to delay or derail your claim. They also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or do not require treatment. They may even claim that your accident was the result of a prior medical condition. In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you have to pay to cover medical expenses and other damage. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries while driving another person's car or in their 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 behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. You Tube of crashes are drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine all parties that could be responsible for your injuries and the damages. They could also make a claim or lawsuit against the driver to collect damages. The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and pedestrians on bicycles. To convict someone the police officer must prove more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. For instance, running a red light or stop sign could cause a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time. Reckless driving can cause severe injuries to other drivers, pedestrians and bicyclists. If convicted of this offense will receive points added to their license and may be subject to hefty fines. This could cause drivers' insurance rates to increase substantially. It is essential to find an New York reckless driving accident attorney who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and prison. The severity of the punishment depends on several factors such as the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license. A reckless driving accident lawyer who is experienced will know how investigate the root of the accident and gather evidence to show your innocence. This evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.