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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common event in New York City. While most of them are simply accidents that cause fender benders, a few can result in serious injuries. Anyone injured should dial 911 and seek medical attention right away. A New York car accident lawyer can assist victims with their legal requirements after a crash. They can help victims obtain 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, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs, it is important to know exactly what it does and does not mean. In order to qualify for the benefits of No-Fault insurance, you have to meet certain criteria. In the first place you must have been injured in a car accident that took place in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated in an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries that could have a significant negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation that you deserve. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the driver who caused the accident. You could be required to pay astronomical medical bills as well as loss of wages, and other costs following a serious car accident. No-fault insurance is able to cover these costs as well, and you should seek out treatment after an accident, even though you feel well. If you are unable to return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover the majority of your out-of-pocket expenses such as the cost of household help. Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must show up for these appointments, as not attending could result in a retroactive denial of benefits. Pure faults of a comparative nature In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law grants injured parties the right to receive damages according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the crash depends on proving two things that are causation and negligence. Negligence is the act of breaking an act of law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly led to the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses that result from their injuries such as medical bills, lost income and travel costs to appointments. Non-economic losses are emotional trauma, pain and suffering. You Tube is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly 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's important to work with a knowledgeable lawyer. Comparative fault is applicable to any personal injury or wrongful death case where the victim (or heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be a bit more complicated in wrongful death claims. It is important to understand the principle of comparative negligence before filing claims for compensation following an accident in New York. Your lawyer will assist you determine the extent of your own contribution to the accident and will work with insurance companies to ensure that you get the maximum compensation possible for your injuries. In addition, if have multiple defendants in your case the concept of joint and multiple liability may apply. This is a method which splits the verdict among all 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 amount of compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be more difficult. The victims of injuries typically have to deal with medical bills as well as a loss of income from being in a position of no work, not to mention their emotional and physical pain. Rent and other expenses are also a major concern. The last thing they want is to be sucked into the stalling tactics of an insurance company trying to convince them to accept a settlement offer that is low. Insurance companies exist to make money. They do this by denying or cutting your claims. Insurance representatives will use any strategy to prevent you from obtaining the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' devious tactics. Insurance companies will do all they can to delay your claim or stop negotiations to save as much as possible. They also try to avoid responsibility by arguing that the injuries are not related to the accident or do not require treatment. They might even claim that you had a prior medical condition that is to blame for your crash. In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that many people fall to. This offer is much lower than the amount you'll need to pay in order to cover your medical expenses and other damages. New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries while driving another's vehicle or in their own vehicle. The most frequent causes of accidents are reckless driving, distracted driving and speeding. Distracted driving is when a driver uses a device to send or receive text messages, makes 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 include drunk driving, road conditions and weather conditions. Reckless driving You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They could also initiate a lawsuit or claim against the driver in order to claim damages. The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other motorists and people on foot or on bicycles. To convict someone the police officer has to prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger. In certain instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. For instance driving at the red light or stopping sign could result in serious injuries and accidents. If a driver is caught driving recklessly, they may be convicted of misdemeanor charges and could face fines or jail time. Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Anyone who is found guilty of this crime will be subject to points added to their licenses and could face large fines. This could lead to a driving's premiums rising significantly. It is essential to find an New York reckless driving accident attorney to ensure that the driver is held accountable fairly. The reckless driving laws in New York are quite strict and can lead to substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors like the severity of the accident and if there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's licence. A reckless driving accident attorney who is experienced will be able to determine the root of the accident and gather evidence to demonstrate your innocence. This could include witness statements as well as cellphone records to look for distracted driving, photos and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.