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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common incident in New York City. Certain accidents could cause serious injuries even if they're only minor collisions. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can help 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 motorists 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 related costs to an accident. While this has helped to protect car accident victims from being buried by cost-out-of-pocket but it is essential to know what it does and does not mean. To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The injured party must also 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 impairment of function or disfigurement. All of these are serious and can have a negative impact on the life of a 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 you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. Following a serious car crash you could face astronomical medical bills, lost wages, and other expenses. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a collision even if it seems as if you're in good shape. If you're unable to return to work, no fault will pay for 80 percent of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failure to do so may result in denial of benefits retroactively. Purely faults of a comparative nature In many cases of car accidents the plaintiffs could be held to be fully or partially responsible for the incident. The law allows injured parties to seek damages in proportion to the percentage of fault that can be attributable to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount that a claimant may be deemed to be owed to prevent them from receiving financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a car accident the plaintiff must prove two things to be legally responsible for the accident that is, 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 caused the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss caused by their injuries, for example, medical bills, lost income, and travel expenses for appointments. Other non-economic losses include emotional trauma as well as suffering and pain. New York is one of the 13 states that have strict comparative fault laws which means that those who have suffered can still seek recovery when they are at the fault. If the claimant is found to be more than 50 percent responsible, they are not able to claim damages. In this instance, it is important to work with an experienced attorney. Comparative fault applies to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in wrongful death cases. The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will work with insurance companies to secure the most compensation for your injuries. In addition, if have multiple defendants in your case the concept of joint and multiple liability could be applicable. This is a method that divides the judgment between all the defendants if the jury determines that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you receive the maximum compensation possible for your injuries. Insurance company tactics Car accidents can be stressful enough, but the aftermath can be even more challenging. The injured victims are often confronted with medical bills, lost income due to being unable to work, and physical discomfort. They also have to worry about how they will pay rent and other daily expenses. The last thing they want is to be sucked into the tactics of an insurance company that is trying to get them to accept a low settlement offer. The reality is that most insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance companies will employ any strategy to prevent you from receiving the compensation you are entitled to. 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 car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or stop negotiations to save as much as possible. They also try to keep the blame off by claiming that your injuries aren't related to the accident or do not require treatment. Gresham injury lawyers might even claim that you had a prior medical issue that is responsible for the crash. In some cases, an insurance adjuster will come up with an amount for settlement that seems reasonable. This is a trick that many people fall prey to. In reality, the price is significantly less than the amount you will actually have to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. It is not uncommon for people to suffer injuries while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions, and weather conditions. Reckless driving If you've been injured in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you investigate the crash to identify the parties liable for your injuries and losses. They may also initiate a lawsuit or claim against the driver to collect damages. According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists in danger. To convict someone, a policeman must show more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. Driving through a stop sign or red light can result in serious accidents. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense can lead to the addition of points to your driver's license, as well as hefty fines. This could lead to a driving's premiums rising substantially. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner. The reckless driving laws in New York are quite strict and can result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors, such as the severity of an accident and if there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to investigate the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, photos and videos from the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.