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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 a common occurrence. While the majority of them are simply collisions between cars, some may result in serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal issues following the crash. They can assist them in obtaining the compensation they need for medical expenses and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. This has helped protect the victims of car accidents from being weighed down by out-of-pocket expenses. However, it is important to know what it means. To be eligible for No-Fault insurance You must satisfy some requirements. In the first place, you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the insured vehicle or a cyclist or pedestrian who was struck by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. You must have also suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely severe injuries, and could have a significant negative impact on the life of the victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can assist you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident. There is a chance that you will have to pay astronomical medical costs, lost wages and other expenses following a serious accident. These expenses can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if it seems like you are fine. If you're unable to return to work, no-fault will pay for 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket expenses, like 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 failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In a lot of car accident lawsuits, the plaintiffs are either completely or partially responsible for the accident. The law permits the injured party to claim damages based on the proportion of fault that can be assigned to them. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault the claimant could be considered to have to make them ineligible for financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In a car accident case the plaintiff's legal liability for the accident rests on showing two things: negligence and causation. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The causality is the way that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses can include emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law. This means that injured parties can still claim compensation even if they are partially at fault. However, if the person seeking compensation is found to be more than 50% at fault, they will be exempt from any claim for damages. In this instance, it's important to work with a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be somewhat more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will collaborate with insurance companies to secure the most compensation for your injuries. Joint and several liability could be used in the event of several defendants. This is a method that splits the judgment amongst all defendants if the jury finds that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, and the aftermath can be more challenging. Victims of injuries are often faced with medical bills, loss of income due to not being able to work or suffer physical pain. Rent and other expenses are also a major concern. The last thing they want is to be subjected to the tactics of an insurance company that is trying to get them accept a low settlement offer. Insurance companies exist to earn money. They do this by denying or cutting your claims. Insurance agents will employ every method to stop you from obtaining the amount you deserve. This is why it is crucial to find a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies' devious strategies. Insurance companies will do all they can to delay your claim or stall negotiations to save as much money as possible. They may also attempt to avoid responsibility by arguing that the injuries are not directly related to the crash or do not require treatment. They may even argue that you have a prior medical condition that is the reason for the crash. In some instances an insurance adjuster may arrive at 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 have to pay to cover your medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving and speeding. Distracted driving happens when a driver is using devices while driving to send or receive messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include 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. Dayton injury lawyers You Tube driving accident lawyer can help you determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They can also make a claim or a lawsuit against the driver to recover your damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians on bicycles. In order to convict someone of this crime, a police officer must demonstrate more than mere negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is found to be driving recklessly, they could be convicted of a misdemeanor crime and face an indictment or a fine. Reckless driving may cause serious injuries to cyclists, pedestrians, and motorists. Those who are convicted of this crime will be subject to points added to their licenses and could face massive fines. This could lead to a driver's premiums going up substantially. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner. The reckless driving laws in New York are very strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of variables like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence. An attorney for reckless driving with experience can determine the causes of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photos 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 amount of compensation for your injuries.