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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular incident in New York City. While the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately call 911 and seek medical attention. A New York car accident lawyer can assist victims with their legal issues after an accident. They can help victims obtain compensation for medical expenses and lost income. No-fault Insurance New York is a no-fault insurance state, which means that drivers, passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect those who have been injured in car accidents from being burdened with out-of pocket expenses. However it is crucial to know what it means. In Durham injury lawsuits to qualify for the benefits of No-Fault insurance, you must meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured party must also be treated in an accredited hospital or provider. You must also have suffered “a serious injury.” Serious injuries are defined in the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement or death. These are all extremely serious injuries that can have a devastating negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due. A lawyer can assist you with the legal process in a variety of ways after a serious car accident. They can provide you with legal options, conduct an in-depth investigation and engage with the insurance company on your behalf. They can also file a court case on behalf of you against the driver who caused the accident. Following a serious car crash you could be faced with astronomical medical expenses, lost wages and other costs. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a collision even if you feel like you are fine. If you cannot return to work due to an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers the majority of the cost you incur out-of-pocket which includes the cost of household assistance. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must show up for these appointments, as not attending could result in the denial of benefits retroactively. Pure faults of a comparative nature In a lot of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law gives injured parties the right to be compensated in proportion to their share of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person could be considered to be owed to prevent them from receiving financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent. In the case of a car crash, the plaintiff's legal responsibility for the crash depends on showing two things that are causation and negligence. Negligence is the act of breaking a law or acting in reckless disregard. The causality is the way in which the negligence caused the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses can include emotional trauma, pain and suffering. New York is one of the 13 states that have pure comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly at the fault. If the claimant is found more than 50 percent at fault, they are barred from claiming damages. In this case, it's important to consult with a reputable attorney. Comparative fault applies to any personal injury or wrongful-death situation where the victim (or their heirs) have suffered physical or mental damages. The concept of comparative blame is more complicated in wrongful death cases. The concept of comparative blame is very important to understand when making claims for compensation following an accident in New York. Your lawyer will work with the insurance companies to secure the most compensation for your injuries. Joint and several liability could also be a possibility if there are several defendants. This system divides the verdict between all defendants when the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the highest compensation possible for your injuries. Tactics of the Insurance Company The aftermath of a car crash can be as stressful. The injured victims are often confronted with medical bills, lost income due to inability to work, and physical pain. They also have to think about whether they can cover rent and other daily expenses. They don't need to be subjected to the delay tactics employed by an insurance company to try and get them to take low settlement offers. The fact is, most insurance companies are focused on making money, and they do this by denying or cutting claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. 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 have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sneaky strategies. Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much money as possible. They may also attempt to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They may even claim that the accident was caused by an earlier medical condition. In some cases, an insurance adjuster will determine an amount of settlement that appears reasonable. This is a common tactic that a lot of people fall to. In reality, the price will be much lower than what you really need to pay for your medical treatment and other damages. New York law requires that all drivers carry no-fault coverage. It is not uncommon for people to be injured when driving a vehicle of another or riding in their vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving is when a driver is using an electronic device to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of accidents include drunk driving, road conditions and weather. 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 driving accident lawyer can help examine the crash to determine all parties who may be responsible for your injuries and losses. They can also make a claim or a 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 motorists or cyclists, pedestrians, and cyclists in danger. To find someone guilty the police officer must prove more than mere negligence or carelessness. The officer must prove that the driver was aware that their actions could have caused 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, running an intersection with a stop sign could cause serious injuries and accidents. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and could face penalties such as fines or jail time. Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this crime can result in the addition of points to your driver's license, as well as substantial fines. This could result in driver's premiums going up substantially. It is crucial to employ an New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner. The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the penalty is contingent on a number of factors including the severity of the accident 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 reckless driving accident attorney who is experienced will know how investigate the root of the accident and gather evidence to demonstrate your innocence. This evidence could include witness statements as well as phone records to determine whether the driver was distracted, photographs and videos of 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.