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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 common. While the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident attorney can assist victims with legal issues following the crash. They can assist victims in obtaining compensation for medical expenses as well as lost income. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages, and other accident-related costs. While this system has protected car accident victims from being buried due to out-of-pocket costs, it is important to know exactly what it is and what it does not mean. To be eligible for No-Fault insurance You must satisfy certain requirements. First of all you must have been injured in a motor vehicle accident that occurred in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a certified provider. In addition you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are serious and could have a negative impact on a victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve. A lawyer can assist with the legal process in many ways following a serious car accident. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also bring a lawsuit to court on behalf of you against the negligent driver responsible for the crash. You could be required to pay astronomical medical costs as well as lost wages and other expenses after a serious auto accident. These costs can be covered by no fault insurance, and you should seek treatment immediately following a car crash, even if it feels like you're fine. If you are unable to return work because of an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It also covers an important portion of your out-of-pocket costs which includes the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. You must be present at these appointments, because failure to attend could result in the denial of benefits retroactively. Pure comparative fault In many car accident lawsuits, the plaintiffs are partially or completely responsible for the accident. The law grants injured parties the right to be compensated in proportion to their share of blame. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that the claimant could be considered to have to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 to 51 percent. In a case involving a car accident the plaintiff's legal responsibility for the accident rests on proving two things such as negligence and causation. Negligence is the violation of the law or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly contributed to the injury. To establish legal liability the plaintiff must show the economic losses caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses include emotional trauma and suffering and pain. New York is one of the states that have pure comparative fault laws, which means that those who have suffered are still able to seek compensation even when they are at fault. If the claimant is found more than 50% at fault, then they are unable to claim damages. In this case, it's important to work with a knowledgeable lawyer. Comparative fault is applicable to nearly every personal injury or death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. The concept of comparative blame is more complex in the case of wrongful death. The principle of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the most compensation for your injuries. In addition, if have several defendants in your case, the concept of joint and numerous liability could be applicable. The system splits the verdict between all defendants when a jury finds you jointly and severally responsible for the accident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents can be stressful enough, and the aftermath can be even more difficult. The victims of injuries typically must deal with medical bills and a loss of income from being in a position of no work and suffer from emotional and physical pain. They also have to worry about whether they can cover rent and other expenses that are part of their daily lives. The last thing they want is to be subjected to the tactics of an insurance company who is trying to convince them to accept a settlement offer that is low. The reality is that most insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. This is why it's so important to hire an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies and their sneaky tactics. Insurance companies will do all they can to delay your claim or stall the process to save as much money as possible. They may also attempt to avoid accountability by arguing that your injuries aren't related to the crash or that they don't require treatment. They might even claim that the crash was caused by an earlier medical condition. In some cases an insurance adjuster might come up with an amount for settlement that seems reasonable. This is a typical method that a lot of people fall for. In reality, the price will be significantly lower than the amount you will actually have to pay for medical treatment and other damages. New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using a device to send or receive text messages, make phone calls or listens to music while behind the wheel. Distracted driving can lead to drivers losing control of their vehicle and causing 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 assist you in investigating the crash to determine all parties that might be responsible for your injuries and damages. They may also file a claim or lawsuit against the driver to recover damages. According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists at risk. To convict someone of this crime an officer of the police force must show more than just negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or place others in danger. In some instances, even a minor traffic violation can be considered a form of reckless driving in New York. A violation of a stop sign, or a red light could cause serious accidents. If the driver is found to be recklessly driving, they could be found guilty of a misdemeanor offense and be subject to an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. If convicted of this offense will receive points added to their licenses and could be subject to hefty fines. This could cause drivers' insurance rates to rise significantly. It is important to hire 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 lead to substantial penalties which include fines and even imprisonment. The severity of a penalty is contingent on a variety of variables, such as the severity of the accident and whether there were aggravating circumstances. Philadelphia injury attorney 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 cause of a collision and gather evidence to prove your innocence. This evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.