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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 only minor collisions. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can help victims with their legal issues after an accident. They can help victims get compensation for medical expenses as well as lost income. No-fault insurance New York is a no-fault insurance state which means that drivers passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried due to out-of-pocket costs, it is important to understand exactly what it is and what it does not mean. To be eligible to benefit from No-Fault insurance, you must meet certain criteria. First and foremost, you must have been injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian who was struck by the vehicle. The injured person must be treated at a hospital or an authorized provider. In addition you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries, and can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if been injured in a major New York car accident. In the aftermath of a serious auto crash, a lawyer can assist you in a variety of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses as well as lost wages and other expenses after a serious auto accident. No-fault insurance is able to pay for these, and you should always seek treatment following an accident, even if you feel fine. If you're unable to return to work, no-fault insurance will pay for 80% of your lost wages up to $2,000 per month. It also covers the majority of your out-of-pocket costs, including the cost of household help. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Pure comparative fault In a majority of car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law allows injured parties to recover damages according to their percentage of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount that a claimant could be found to have to prev ent them from being eligible for financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally responsible for the crash the other being negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. Causation refers to the way in which the negligence directly caused the injury. To establish legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and pain and suffering. New York is one of the states that have pure comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they will be barred from recovering any damages. In this situation it is crucial to work with a skilled attorney. Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in wrongful death cases. The concept of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and several liability could be used in the event of several defendants. This system divides the verdict among all 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 maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, but the aftermath can be more challenging. Victims of injuries often have to deal with medical expenses and loss of income from being incapable of working in addition to their physical pain and emotional stress. They also have to think about whether they can cover rent and other daily expenses. The last thing they need is to be subjected to the tactics of a stalling insurance company that is trying to convince them to accept a low settlement offer. The truth is that the majority of insurance companies are focused on making money, and they do it by denying or reduction of claims. Insurance companies will employ every method to deny you the money you are entitled to. This is why it's so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in 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 slow the negotiations in order to save as much money as possible. They will also try and avoid liability by arguing that your injuries aren't connected to the accident or that they do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash. In certain cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common trick that many people fall for. The offer is significantly less than the amount you must pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver uses a device while driving to send or receive text messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you examine the crash to determine all parties that could be responsible for your injuries and losses. They can also bring a lawsuit or claim against the driver to recover your 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 other motorists and pedestrians on bicycles. To convict someone of this crime, a police officer must show more than just negligence or carelessness. The officer must prove 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 a serious accident. If the driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to an indictment or a fine. Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can lead to the addition of points to your driver's license, as well as substantial fines. This can result in a driver's premiums going up 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 laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors like the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An experienced reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence to prove 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 crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.