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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are frequent. While the majority of them are accidents that cause fender benders, a few can cause serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal requirements after an accident. They can help victims get compensation for medical expenses and lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. While this has helped to protect car accident victims from being buried by expenses out of pocket, it is important to know what it means and does not mean. To qualify for No-Fault Insurance you must satisfy certain requirements. First and foremost, You Tube must be injured in an accident in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in an accredited hospital or provider. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and could have a negative impact on a victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can help you with the legal process in many ways following a serious car accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident. There is a chance that you will have to pay astronomical medical bills along with lost wages and other expenses after a serious auto accident. These costs 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 to return to work due to 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 expenses such as the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. The requirement to attend is that failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law grants injured parties the right to recover damages according to their percentage of blame. This is called pure comparative negligence. Pure comparative is distinct from modified comparative, which caps the amount a claimant could be found to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent. In the event of a car crash, the plaintiff must prove two things to be legally accountable for the crash: negligence and causality. Negligence is the act of breaking the law or acting with unreasonable negligence. Causation is the process by which the negligence directly led to the injury. To establish legal liability plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma as well as pain and suffering. New York is among the 13 states with a pure comparative-fault law. This means that the injured party may still be able to seek compensation if they were partially at fault. If the claimant is found to be more than 50% at fault, then they are not able to claim damages. In this case it is essential to work with an experienced attorney. Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault is somewhat more complex in wrongful death cases. It is essential to comprehend the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if have several defendants in your case, the concept of joint and multiple liability could apply. The system splits the verdict among all defendants in the event that a jury finds you jointly and severally liable for the accident. This is a great method to ensure that you receive the highest compensation for your injuries. Insurance company tactics Car accidents are stressful enough, and the aftermath can be more challenging. The victims of injuries typically must deal with medical bills as well as a loss of income as a result of being in a position of no work in addition to their physical pain and emotional distress. Rent and other costs of daily living are also a problem. The last thing they want is to be sucked into the tactics of a stalling insurance company trying to get them to accept a settlement offer that is low. Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance companies will employ every trick to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do all they can to delay your claim or stop the negotiations in order to save as much money as possible. They may also attempt to avoid liability by arguing that the injuries are not directly related to the crash or do not require treatment. They might even claim that the accident was caused by a previous medical condition. In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a common method that many people fall for. This offer is lower than the amount you must pay to cover your medical expenses and other damages. The law in New York requires all drivers to have no-fault insurance. However, it is common for people to become injured while driving or riding in another person's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses a device to send or receive text messages, makes phone calls or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. 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 driver accident lawyer can assist you in analyzing the accident to determine who might be accountable for your injuries and damage. They could also file a lawsuit or claim 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 puts at risk the lives and safety of other drivers and people on foot or on bicycles. To find someone guilty, a policeman must show more than just negligence or recklessness. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger. In certain instances, even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance driving at an intersection with a stop sign could cause a serious accident and injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time. Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. A conviction for this offense could result in the addition of points to your driver's license, and hefty fines. This could cause drivers' insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. The laws regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of a penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident attorney with experience will be able to determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements as well as phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.