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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. While the majority of them are just accidents that cause fender benders, a few can cause serious injuries. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal issues after the crash. They can help victims obtain compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this system has protected car accident victims from being buried due to out-of-pocket costs, it is important to know what it means and does not mean. To be eligible for No-Fault insurance, you must meet some requirements. In the first place you must have been injured in a motor vehicle accident that took place in the state of New York. You must be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. Additionally you must have sustained an “serious injury.” Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries that can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident. A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can explain your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the crash. You could be required to pay for astronomical medical expenses as well as lost wages, and other expenses following a serious car accident. No-fault insurance will pay for these, and you should always seek treatment following an accident, even if you feel well. If you cannot return to work because of an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers a large portion of your out-of-pocket costs, including the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. You must be present at these appointments, as failure to attend could result in a retroactive denial of benefits. Purely faults that are comparable In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law grants injured parties the right to recover damages in proportion to their share of blame. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the violation of the law or committing an act of negligence that is unreasonable. The causality is the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income or travel expenses that result from their injuries. Other non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that the injured party can still seek compensation if they were partially responsible. If the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this situation it is essential to consult a knowledgeable attorney. Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. However, the concept of comparative fault can be slightly more complicated in the case of wrongful death claims. The concept of comparative blame is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident, and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries. In addition, if have multiple defendants in your case, the concept of joint and numerous liability could be applicable. This is a system that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. Victims of injuries often have to deal with medical expenses and loss of income due to being incapable of working, not to mention their emotional and physical pain. Rent and other daily expenses are also a major concern. The last thing they need is to be subjected to the tactics of an insurance company who is trying to get them to accept a settlement offer that is low. Insurance companies are in business to make money. They accomplish this by denial or reduce your claims. Insurance companies will employ any tactic they can to prevent you from receiving the amount you are entitled to. This is why it is essential to work with an New York car accident lawyer to ensure that you are treated equally. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will take on insurance companies and their sneaky tactics. Citrus Heights injury lawyer will do everything in their power to delay your claim or stall the process to save as much as possible. They also try to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They may even argue that you had a prior medical condition that is to blame for your crash. In some instances the insurance adjuster might 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 medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is common for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using devices while driving to send or receive text messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties who may be accountable for your injuries and losses. They could also make a claim or lawsuit against the driver in order to collect damages. The New York criminal code defines reckless driving as operating a vehicle in a manner that puts at risk the lives and safety of others on the road and people on foot or on bicycles. To find someone guilty, a policeman must show 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 some cases, even a minor traffic infraction can be considered a form of reckless driving in New York. For instance driving through a red light or stop sign could cause an accident that is serious and cause injury. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor and could face an indictment or a fine. Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your driver's license, as well as substantial fines. This could cause drivers' insurance rates to rise significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner. New York's reckless driving laws are extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on several factors such as the severity of the incident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license. A seasoned reckless accident lawyer will know how to find out the causes of a crash and gather evidence to demonstrate your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to secure the highest compensation for your injuries.