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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 just fender benders, some can result in serious injuries. The injured party must immediately contact 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal needs following an accident. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical, lost wages, and other accident-related expenses. While this system has protected car accident victims from being buried due to expenses out of pocket but it is essential to know exactly what it means and does not mean. To be eligible for No-Fault insurance, you must meet certain requirements. In the first place, you must be injured in a car accident that occurred within the state of New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are severe 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 help you with the legal process in many ways following a serious car accident. They can explain your legal options, conduct a thorough investigation, and engage with the insurance company on your behalf. They may also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident. You could be required to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. No-fault insurance can cover these costs, and you should always seek out treatment after an accident, even though you feel fine. If you cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers a large portion of the cost you incur out-of-pocket such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Pure comparative fault In many cases of car accidents, the plaintiffs may be liable in part or full for the incident. The law allows injured parties to seek damages according to the percentage of the blame that is given to them. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to disqualify them from financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In the case of a car crash the plaintiff's legal responsibility for the accident rests on proving two things: negligence and causation. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner the negligence caused the injury. To prove legal responsibility, the plaintiff must also demonstrate the economic loss caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma as well as pain and suffering. New York is one of the states that have absolute comparative fault laws, which means that those who have suffered can still seek recovery when they are at fault. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this instance, it's important to consult with a reputable lawyer. Comparative fault is applicable to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered physical or mental damages. The concept of comparative blame is more complex in cases of wrongful deaths. The principle of comparative fault is crucial to know when making a claim for compensation after an accident in New York. YouTube will negotiate with the insurance companies to get you the most compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and numerous liability may apply. This is a system 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 method to ensure you get the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, but the aftermath can be more challenging. The injured victims are often faced with medical bills, loss of income due to being unable to go to work and physical discomfort. They also have to think about whether they can afford rent and other expenses of daily living. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a low settlement offer. The reality is that most insurance companies are focused on making money and they do it by denying or cutting claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky tactics. In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They might even claim that the accident was caused by an earlier medical condition. In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a common scam that many people fall for. In reality, this offer will be significantly lower than what you actually need to pay for your medical treatment and other damages. The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in a person's vehicle. The most common causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver uses a device while driving to send or receive texts or make phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in investigating the crash to determine the parties that could be responsible for your injuries and the damages. They can also make a claim or lawsuit against the driver in order to recover damages. The New York criminal code defines reckless driving as operating an automobile in a manner that poses a threat to the lives and safety of others on the road and pedestrians or riders on bicycles. To convict someone the police officer must prove more than just negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or place others in danger. In some instances even a minor traffic infraction can be considered a form of reckless driving in New York. For example driving at the red light or stopping sign could lead to a serious accident and injury. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to fines or jail time. Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense could result in the addition of points to your driver's license, as well as hefty fines. This could result in driver's premiums going up substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is held accountable on a fair basis. New York's reckless driving laws are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors including the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. A seasoned reckless accident lawyer will know how to determine the causes of a crash and gather evidence to demonstrate your innocence. This evidence might include witness statements and cell phone records to check for distracted driving, images and videos of the scene of the crash and official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum compensation for your injuries.