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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. While the majority of them are fender benders, some can result in serious injuries. Injured parties should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with their legal issues following an accident. They can help victims get compensation for medical bills and lost income. No-fault Insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has protected car accident victims against being burdened with out-of pocket expenses. However it is crucial to know what it means. To be eligible for No-Fault insurance You must satisfy certain requirements. First and foremost you must be injured in a motor vehicle accident that took place in 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 an accredited hospital or provider. You must also have suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries that can have a devastating negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can help you with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the accident. You could be required to pay for astronomical medical expenses as well as lost wages and other expenses following a serious car accident. These costs can be covered by no-fault insurance, and you should seek treatment immediately after a car accident even if it seems as if you're in good shape. If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It will also cover a lot 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). You must attend these appointments, because failing to do so could result in a retroactive denial of benefits. Pure faults that are comparable In a lot of car accident lawsuits, the plaintiffs are partially or completely accountable for the crash. The law grants injured parties the right to be compensated based on their percentage of fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that the claimant could be considered to have to exclude them from receiving financial compensation. Modified comparative fault states usually place the limit between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two things in order to be legally accountable for the accident: negligence and causality. Negligence is the violation of an act of law, or acting with unreasonable negligence. The causality is the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that those who are injured could still be able to claim compensation even if they were partially responsible. However, if the claimant is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this instance it is crucial to work with an experienced attorney. Comparative fault is applicable to any personal injury or wrongful death instance in which the victim (or their heirs) have suffered physical or mental damages. However the concept of comparative fault is slightly more complicated in wrongful death cases. It is important to understand the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will negotiate with the insurance companies to secure the maximum amount of compensation for your injuries. Joint and several liability can also be a possibility if there are multiple defendants. This system splits the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries. Insurance company tactics Car accidents can be stressful enough, and the aftermath can be even more difficult. The injured victims are often faced with medical bills, loss of income due to not being able to work, and physical discomfort. They also have to worry about whether they can cover rent and other expenses of daily living. They don't have to be subjected to the delay tactics employed by insurance companies to convince them to accept low settlement offers. Pleasanton injury attorney YouTube are in business to make money. They accomplish this by denial or reducing your claims. Insurance agents will employ every tactic they can to prevent you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much as possible. They will also try to avoid accountability by arguing that your injuries are not related to the crash or they do not require treatment. They could even argue that your crash was caused by an earlier medical condition. In certain cases an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a common method that many people are enticed by. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. The law in New York requires all drivers to carry 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 include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses devices to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes are drunk driving, road conditions and weather. Reckless driving If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that might be accountable for your injuries and damages. They may also make a claim or lawsuit against the driver in order to collect damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists at risk. To find someone guilty, a policeman must show more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could result in an accident or put others in danger. In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor and could face either a fine or jail sentence. Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as substantial fines. This could cause driver's insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure the driver is convicted fairly. New York's reckless-driving laws are very strict and can result in severe penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors including the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license. An experienced reckless accident lawyer will know how to find out the causes of a crash and gather evidence to demonstrate 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, medical reports from the official and toxicology reports. They will file and defend insurance claims or lawsuits to ensure you receive the maximum amount of compensation for your injuries.