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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. Although the majority of them are just collisions between cars, some may result in serious injuries. The injured parties should immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with legal issues after a crash. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault insurance New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried by expenses out of pocket, it is important to know exactly what it is and what it does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First of all you must be injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist who was struck by the vehicle. The injured person must be treated in an accredited hospital or provider. In addition, you must have suffered an “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries that can have a devastating negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can explain your legal options, conduct an extensive investigation, and negotiate with the insurance company on your behalf. They can also bring a lawsuit to court on your behalf against the driver who caused the accident. In the aftermath of a serious crash, you may be facing huge medical expenses, lost wages and other costs. No-fault insurance will pay for these as well, and you should seek out treatment after an accident, even if you feel well. If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 for lost wages per month. It will also cover a lot of your out of pocket costs, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must attend these appointments, since failure to attend could result in the denial of benefits retroactively. Purely comparative fault In many car accident cases plaintiffs may be partially or fully responsible for the accident. The law allows injured parties the right to be compensated according to their percentage of blame. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault a claimant can be deemed to have to exclude them from receiving financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent. In a car accident, the plaintiff must prove two things in order to be legally accountable for the accident that is, negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as suffering and pain. New York is one of the states that have strict comparative fault laws which means that injured parties may still pursue recovery even if they are partially at fault. If the claimant is found more than 50 percent responsible, they are barred from claiming damages. In this case it is crucial to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered physical or mental damages. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. It is crucial to grasp the concept of comparative negligence when submitting a compensation claim after an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum compensation possible for your injuries. Joint and multiple liability may be used in the event of several defendants. This is a system that splits the judgment amongst all defendants if the jury finds that you are jointly and severally liable for the incident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics Car accidents can be stressful enough, but the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to inability to work or suffer physical pain. Rent and other costs of daily living are also a concern. The last thing they need is to be subjected the 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 agents will use every tactic possible to deny you the compensation you deserve. Indio injury attorneys is why it is crucial to find a New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. To save money, insurance companies will do everything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They may even argue that you had a prior medical condition that is the reason for the crash. In certain cases the insurance adjuster may offer a settlement that appears reasonable. This is a common trick that many people fall prey to. The offer is significantly less than the amount you'll need to pay in order to cover your medical expenses and other damage. The law in New York requires all drivers to carry no-fault insurance. It is not uncommon for people to be injured while driving another person's car or riding in their vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses an electronic device while driving to send or receive texts or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions. Reckless driving You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine the parties that may be accountable for your injuries and the damages. They may also make 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 drivers or pedestrians and cyclists in danger. To convict someone of this crime an officer of the police force must prove more than carelessness or negligence. The officer must prove 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 viewed as a form of reckless driving in New York. For instance driving at an intersection with a stop sign could lead to a serious accident and injury. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor crime and face an indictment or a fine. Unsuspecting driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this offense can lead to the addition of points to your driver's license, and hefty fines. This could cause drivers' insurance rates to rise significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is convicted in a fair manner. The laws regarding reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty depends on several factors, including the severity of the incident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's licence. A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence that will prove your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photos and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum compensation for your injuries.