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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. Although the majority of them are fender benders, some can result in serious injuries. The injured parties should immediately contact 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues following an accident. San Marcos 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 motorists, passengers and pedestrians as well as bicyclists and cyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. This has helped protect car accident victims against being burdened with out-of pocket costs. However it is crucial to know what it means. To be eligible for No-Fault Insurance, you must meet some requirements. First and foremost you must have been injured in a vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by a certified medical professional. Additionally you must have sustained an “serious injury.” Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. These are all extremely severe injuries, and can have a devastating negative impact on the person's life. A New York injury lawyer can assist you if been injured in a major New York car accident. A lawyer can help you with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the negligent driver responsible for the crash. There is a chance that you will have to pay astronomical medical bills, lost wages and other expenses following a serious car accident. No-fault insurance is able to help with these costs, and you should always seek treatment after an accident, even though you feel well. If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out of pocket expenses, like the cost of household assistance. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. Attendance is mandatory, as failing to attend could result in denial of benefits retroactively. Purely comparative fault In a lot of car accident cases, the plaintiffs may be liable in part or full for the incident. The law permits the injured party to claim damages in proportion to the percentage of fault that can be attributable to them. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault an individual claimant is deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent. In a car accident case, the plaintiff's legal responsibility for the crash depends on proving two things such as negligence and causation. Negligence is the act of breaking an act of law, or acting with unreasonable negligence. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses resulting from their injuries. Non-economic losses include emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law, which means that injured parties may still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50% at the fault, they will be barred from recovering any damages. In this instance it is crucial to work with a knowledgeable attorney. Comparative fault can be applied to any personal injury or wrongful death instance where the victim (or the heirs) have suffered physical or mental damages. The concept of comparative fault is more complex in wrongful death cases. The concept of comparative blame is crucial to know when making claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own contribution to the accident and work with insurance companies to ensure you receive the most compensation you can for your injuries. In addition, if you have several defendants in your case the concept of joint and numerous liability may apply. This is a method that divides the judgment between all defendants in the event that the jury determines that you are jointly and multiplely responsible for the incident. This is a great way to ensure that you receive the maximum compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, and the aftermath can be even more difficult. The injured victims are often confronted with medical bills, loss of income due to inability to work or suffer physical discomfort. Rent and other daily expenses are also a major concern. The last thing they need is to be sucked into the tactics of a stalling insurance company who is trying to convince them to accept a low settlement offer. Insurance companies are in business to earn money. They accomplish this by denial or reducing your claims. Insurance agents will use every method to deny you the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' devious strategies. In order to save money insurance companies will do whatever they can to delay or stop your claim. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash. In certain cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic method that many people are enticed by. In reality, the price is significantly less than the amount you will actually have to pay for medical treatment and other damages. New York law requires that all drivers have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving occurs when a driver is using a device while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions and weather. Reckless driving If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in investigating the crash to determine who could be responsible for your injuries and damage. 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 the act of operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians or riders on bicycles. To find someone guilty the police officer has to prove more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could have caused an accident or put others in danger. In some cases, even a minor traffic infraction could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light could cause an accident that is serious. If a driver is found driving recklessly, he or she could be found guilty of misdemeanor charges and face penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this crime could result in the addition of points to your driver's license, and hefty fines. This could lead to a driver's insurance premiums increasing significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is held accountable in a fair manner. The laws regarding reckless driving in New York are very strict and can result in severe penalties, including fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the accident and whether or not there were any 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 show 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 insurance claims or lawsuits to secure the highest amount of compensation for your injuries.