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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Although the majority of them are simply collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention immediately. A New York car accident attorney can help victims with their legal issues after the crash. 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 motorists passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected car accident victims against having to pay out-of-pocket expenses. However, it is important to understand what it means. To be eligible for the benefits of No-Fault insurance, you must meet certain criteria. First and foremost you must be injured in a motor vehicle accident that occurred within the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated at an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. All of these are serious and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on behalf of you against the driver who caused the accident. After a serious car accident, you may be facing huge medical bills, lost wages, and other expenses. No-fault insurance can pay for these and other expenses, so you should seek out treatment after a crash, even if you feel fine. If you are unable return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out-of-pocket expenses, like the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Purely comparative fault In a majority of car accident lawsuits, plaintiffs are either completely or partially accountable for the incident. The law allows the injured party to claim damages in proportion to the proportion of the blame that is assigned to them. This is referred to as pure comparative negligence. Pure comparative fault is different from modified comparative fault, which limits the amount of fault the claimant could be considered to have in order to disqualify them from financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the accident rests on demonstrating two things such as negligence and causation. Negligence is the violation of an act of law, or acting with unreasonable negligence. The cause of the accident is determined by the manner that the negligence led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the states that have strict comparative fault laws which means that the injured party can still seek recovery when they are at the fault. However, if the claimant is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this case it is essential to work with a skilled attorney. Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or their heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be a bit more complicated in the case of wrongful death claims. The principle of comparative fault is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will negotiate with the insurance companies to secure the most compensation for your injuries. Joint and several liability can be used in the event of several defendants. This is a method that splits the judgment amongst all the defendants if the jury determines that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum compensation for your injuries. Insurance Company Tactics The aftermath of a car crash can be equally stressful. The injured victims are often faced with medical bills, lost income due to inability to work or suffer physical pain. They also have to think about whether they can afford rent and other daily expenses. The last thing they want is to be subjected to the tactics of an insurance company trying to get them accept a settlement offer that is low. Insurance companies are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will use every method to deny you the compensation you are entitled to. It is important to hire 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' sly tactics. Insurance companies will do everything they can to delay your claim or stall negotiations to save as much as possible. They also try to avoid responsibility by arguing that your injuries aren't connected to the accident or that they do not require treatment. They might even claim that your crash was caused by an earlier medical condition. In certain cases an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common trick that a lot of people fall to. This offer is lower than the amount you'll must pay to cover medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or riding in their vehicle. The most frequent causes of accidents include distracted driving, reckless driving and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. Other causes of crashes include drunk driving, road conditions, and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you investigate the crash to identify all parties that could be accountable for your injuries and losses. They could also make a claim or lawsuit against the driver to claim damages. Columbus injury attorneys defines reckless driving as operating a vehicle in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To convict someone the police officer must prove more than mere negligence or carelessness. This means that the officer must show that the driver was aware of their actions could cause an accident or put others in danger. In some cases, even a minor traffic infraction can be viewed as a form of reckless driving in New York. For example driving through the red light or stopping sign could lead to serious injuries and accidents. If a driver is found driving recklessly, they may be convicted of misdemeanors and be subject to fines or even jail time. Incorrect driving can cause serious injuries to other motorists, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your license as well as hefty fines. This can cause a driver's insurance rates to increase significantly. 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 severe penalties, including fines and jail time. The severity of the punishment depends on several factors such as the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license. A seasoned reckless accident lawyer will know how to investigate the cause of a collision and gather evidence that will show your innocence. This evidence could include witness statements and 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 prepare, file, and litigate lawsuits or insurance claims aimed at getting you the most compensation for your injuries.