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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a common occurrence in New York City. Although the majority of them are accidents that cause fender benders, a few can cause serious injuries. The injured party must immediately call 911 and seek medical attention. A New York car accident attorney can assist victims with their legal issues following an accident. They can assist them in obtaining compensation for their medical bills and lost wages. 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 by their automobile insurance policies. This includes medical expenses, lost wages and other costs related to accidents. This system has protected car accident victims against having to pay out-of-pocket costs. However, it is important to know what it means. To qualify for No-Fault Insurance you must satisfy some requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured person must be treated at a hospital or an authorized provider. You must be able to prove that you suffered “a serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due. A lawyer can assist with the legal process in numerous ways after a serious car accident. They can provide you with legal options, conduct an extensive investigation, and engage with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the accident. There is a chance that you will have to pay astronomical medical costs, lost wages, and other expenses after a serious auto accident. These expenses are covered by no fault insurance, and you should seek medical attention immediately following a car crash even if it seems like you are fine. If you are unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, including the cost of household assistance. Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). Attendance is mandatory, as failure to do so may result in retroactive denials of benefits. Purely comparative fault In many cases of car accidents plaintiffs may be partially or fully responsible for the accident. The law allows the injured party to claim damages in proportion to the proportion of the blame that is attributable to them. This is referred to as pure comparative fault. Pure comparative fault differs from modified comparative fault which limits the amount of fault the claimant could be considered to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things that are causation and negligence. Negligence refers to breaking a law or acting with reckless carelessness. The causality is the manner the negligence caused the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income, and travel expenses, caused by their injuries. Non-economic losses are emotional trauma and suffering and pain. New York is one of the 13 states that have absolute comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at the fault. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this case it is essential to consult a knowledgeable attorney. Albuquerque injury lawyers can be applied to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be somewhat more complex in wrongful death claims. It is important to understand the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to get you the most compensation for your injuries. Joint and multiple liability may also apply if there are several defendants. 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 highest compensation for your injuries. The tactics of the insurance company Car accidents can be stressful enough, and the aftermath can be more difficult. Victims of injuries are often confronted with medical bills, loss of income due to inability to go to work and physical pain. They also have to worry about whether they can afford rent and other daily expenses. The last thing they want is to be sucked into the stalling tactics of an insurance company who is trying to get them to accept a low settlement offer. Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance agents will use every method to deny you the compensation you deserve. This is why it's crucial to find an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies and their shady tactics. Insurance companies will do everything they can to delay your claim or slow the process to save as much money as possible. They may also attempt to avoid liability by arguing that the injuries are not connected to the accident or do not require treatment. They might even claim that you have a prior medical issue that is responsible for the crash. In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a typical method that a lot of people fall for. The offer is significantly less than the amount you'll must pay to cover your medical expenses and other damages. The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to get injured when driving or riding in a person's vehicle. Some of the most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving happens when a driver uses devices while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving If you've suffered injuries 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 accident to determine all parties that might be responsible for your injuries and damage. They can also file a claim or lawsuit against the driver to recover 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 motorists and pedestrians or riders on bicycles. To convict someone of this crime the police officer must prove more than negligence or recklessness. The officer must show that the driver was aware that their actions could result in an accident or place others in danger. Even minor traffic violations can be deemed reckless driving in New York. For instance driving at a red light or stop sign could lead to a serious accident and injury. If a driver is found to be driving recklessly, they may be convicted of a misdemeanor offense and be subject to a fine or jail time. Incorrect 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 massive fines. This can cause a driver's insurance rates to go up substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is convicted in a fair manner. The laws governing reckless driving in New York are very strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on a variety of factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license. A seasoned reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence that will prove your innocence. This evidence might include witness statements and cell phone records to check for distracted driving, photographs and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.