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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 frequent. Certain accidents could cause serious injuries, even if they are minor accidents. The injured party must immediately call 911 and seek medical care. A New York car accident lawyer can help victims with their legal issues after the crash. They can help them obtain compensation for their medical bills and lost wages. No-fault Insurance New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried due to expenses out of pocket It is crucial to know exactly what it does and 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 car accident that occurred in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a pedestrian or bicyclist hit by the vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. You must have also suffered “a serious injury.” New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and can have a negative impact on the victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident. Following Champaign can assist you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the negligent driver who caused the accident. After a serious car accident you could face astronomical medical expenses, lost wages and other costs. No-fault insurance will help with these costs, and you should always seek treatment following a crash, even if you feel well. If you are unable to return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It can also cover a large portion of your out-of-pocket expenses, including the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. The requirement to attend is that the absence of this could result in denial of benefits retroactively. Pure faults that are comparable In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the crash. The law permits injured parties to recover damages according to the proportion of the blame that is attributable to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which caps the amount of fault that the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In a car accident, the plaintiff must prove two elements to be legally accountable for the crash 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 in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff has to show the economic losses resulted from their injuries, for example, medical bills, lost income and travel costs to appointments. Non-economic losses can include emotional trauma, pain and suffering. New York is among the 13 states that have a strict comparative fault law, which means that those who are injured could still be able to seek compensation if they were partially responsible. However, if the claimant is found to be more than 50% at the fault, they will be exempt from any claim for damages. In this case it is essential to consult with a seasoned attorney. Comparative fault applies to almost any personal injury or wrongful death case where the victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complex in cases of wrongful deaths. The concept of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries. Joint and multiple liability may also be a possibility if there are several defendants. This system splits the verdict among all defendants if a jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries. Strategies of insurance companies Car accidents are stressful enough, and the aftermath can be more challenging. Injured victims are often faced with medical bills, lost income due to being unable to work, and physical pain. They also have to think about whether they can afford rent and other expenses of daily living. The last thing they want is to be sucked into the tactics of a stalling insurance company who is trying to convince them to accept a low settlement offer. The fact is, most insurance companies are focused on making money and do this by denying or reduction of claims. Insurance agents will use every method to deny you the money 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 seasoned in fighting for the rights 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 stop your claim. They also try to avoid liability by arguing that the injuries are not connected to the accident or do not require treatment. They may even claim that the accident was the result of a prior medical condition. In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a common scam that a lot of people are enticed by. The offer is significantly less than the amount you must pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. However, it is common for people to be injured while driving or riding in a person's vehicle. The most common causes of accidents include distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver is using an electronic device while driving to send or receive messages or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and leading to serious accidents. Other causes of crashes include drunk driving, road conditions and weather conditions. 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 you in analyzing the crash to determine all parties that might be accountable for your injuries and damages. 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 operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians on bicycles. To find someone guilty the police officer has to prove more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions could cause 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. Running a stop sign or red light could cause a serious accident. If a driver is caught driving recklessly, they might be found guilty of misdemeanors and be subject to fines or even jail time. Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as substantial fines. This can cause a driver's insurance rates to increase 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 laws regarding reckless driving in New York are extremely strict and could result in severe penalties, including fines and 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 reckless driving conviction could also result in a driver's license being suspended. A reckless driving accident attorney who has experience will be able to determine the root of the accident and gather evidence to prove your innocence. This evidence could include witness statements, phone records to check 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 file and litigate insurance claims or lawsuits to secure the highest amount of compensation for your injuries.