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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. Certain accidents could cause serious injuries, even if they are minor accidents. The injured parties should immediately call 911 and seek medical attention. A New York car accident lawyer can help victims with their legal needs after the crash. They can help them obtain compensation for their medical bills and lost wages. No-fault Insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages, and other accident-related costs. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial that you understand what it means. To be eligible for No-Fault Insurance you must satisfy certain requirements. First and foremost you must be injured in a car accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a pedestrian or bicyclist who was struck by the vehicle. The person injured must be treated in a hospital or by an authorized medical professional. In addition you must have sustained an “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries, and can have a devastating negative impact on the victim's life. Corpus Christi injury lawyers can help you if you have been injured in a major New York car accident. In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can explain your legal options, conduct an in-depth investigation and bargain with the insurance company on your behalf. They may also bring a lawsuit to court on behalf of you against the negligent driver responsible for the crash. After a serious car accident you could face massive medical bills, lost wages and other expenses. No-fault insurance will help with these costs as well, and you should seek treatment following an accident, even though you feel okay. If you are unable to return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket costs such as the cost of household help. Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or Exam Under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits. Pure comparative fault In a lot of car accident cases, the plaintiffs may be liable in part or full for the incident. The law grants injured parties the right to receive damages according to their percentage of blame. This is known as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount that a claimant could be considered to have to prevent them from receiving financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent. In a car accident the plaintiff must prove two elements to be legally responsible for the crash the other being negligence and causality. Negligence is the violation of the law or committing a breach of the law with reckless negligence. The causality is the way in which 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 are emotional trauma and suffering and pain. New York is among the 13 states with a pure comparative-fault law. This means that those who are injured can still claim compensation even if they were partially responsible. If the claimant is found more than 50% at fault, then they are barred from claiming damages. In this case it is essential to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful death situation in which the victim (or heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in cases of wrongful deaths. The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your own contribution to the accident and 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. The system splits the verdict among all defendants if the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, and the aftermath can be more difficult. Injured victims are often faced with medical bills, loss of income due to inability to go to work and physical discomfort. Rent and other daily expenses are also a problem. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them accept a settlement offer that is low. Insurance companies are in business to earn money. They accomplish this by denial or cutting your claims. Insurance companies will employ every method to deny you the money 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 are seasoned in fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their devious tactics. Insurance companies will do everything they can to delay your claim or stall the negotiations in order to save as much as possible. They also try to keep the blame off by claiming that the injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for your crash. In certain cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a trick that many people fall to. This offer is much lower than the amount you'll need to pay in order to cover medical expenses and other damage. New York law requires that every driver have no-fault insurance. It is not unusual for people to sustain injuries when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving happens 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 leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather. 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 accident to determine all parties that could be responsible for your injuries and damage. They may also make a claim or a 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. In order to convict someone of this crime an officer of the police force must prove more than negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger. In some instances even a minor traffic infraction could be viewed as a type of reckless driving in New York. For instance driving through the red light or stopping sign could cause serious injuries and accidents. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or even jail time. Unsuspecting driving can cause serious injuries to pedestrians, drivers and bicyclists. If convicted of this offense will receive points added to their licenses and could face large fines. This could cause driver's insurance rates to go up substantially. It is essential to find a New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner. The laws governing reckless driving in New York are extremely strict and could result in substantial penalties including fines and jail time. The severity of the punishment depends on a number of factors such as the severity of the crash and whether there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's license. A seasoned reckless driving accident lawyer knows how to find out the cause of a collision and gather evidence that will demonstrate your innocence. This evidence might include witness statements, phone records to look for distracted driving, photos and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.