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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. Although the majority of them are simply collisions between cars, some may cause serious injuries. Injured parties should call 911 and seek medical attention immediately. A New York car accident lawyer can assist victims with their legal issues following the crash. They can help them obtain the compensation they need for medical expenses and lost wages. No-fault insurance New York is a no-fault insurance state which means that motorists passengers, pedestrians, and bicyclists are automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. While this system has helped protect car accident victims from being buried due to out-of-pocket costs It is crucial to know exactly what it means and does not mean. To be eligible for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person injured must be treated in a hospital or an authorized provider. In addition, you must have suffered an “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. 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 that you deserve. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can provide you with legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on your behalf against the person who caused the accident. You may have to pay astronomical medical costs as well as 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 you feel like you're fine. If you are unable return to work, no-fault will pay 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out of pocket costs, such as the cost of household assistance. Insurance companies often try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that failing to attend could result in denial of benefits retroactively. Pure faults that are comparable In many car accident cases the plaintiffs could be held to be fully or partially responsible for the accident. The law permits injured parties to recover damages according to the proportion of blame that can be attributable to them. This is known as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent. In a case involving a car accident the plaintiff's legal liability for the crash depends on demonstrating two things that are causation and negligence. Negligence is the violation of 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 prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses are emotional trauma as well as suffering and pain. New York is one of the 13 states with pure 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% at fault, then they are barred from claiming damages. In this situation it is essential to work with an experienced attorney. Comparative fault is applicable to nearly every personal injury or death case where the victim (or the heirs of the deceased) has suffered emotional or physical damages. The concept of comparative fault is more complex in wrongful death cases. It is crucial to grasp the concept of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the most compensation for your injuries. Additionally, if you have several defendants in your case the concept of joint and numerous liability could apply. This system divides 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 possible for your injuries. Insurance company tactics The aftermath of a car crash can be equally stressful. The victims of injuries typically confront medical expenses and loss of income from being in a position of no work, not to mention their physical pain and emotional distress. Rent and other costs of daily living are also a concern. They don't have to endure the delay tactics employed by insurance companies to try and get them to accept lower settlement offers. Insurance companies are in business to earn money. They accomplish this by denial or reduce your claims. Insurance companies will employ any tactic they can to prevent you from obtaining the compensation you are entitled to. It is essential to find an experienced New York car accident attorney 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 take on insurance companies' devious tactics. Insurance companies will do all they can to delay your claim or stop negotiations to save as much as possible. They also try to avoid liability by arguing that your injuries aren't directly related to the crash or do not require treatment. They might even claim that you had a prior medical condition that is the reason for your crash. In some instances the insurance adjuster might offer a settlement that appears reasonable. This is a common tactic that a lot of people fall to. This offer is lower than the amount you need to pay in order to cover medical expenses and other damages. The law in New York requires all drivers to carry 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 of accidents. Distracted driving happens when a driver is using a device to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can result in 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 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 in investigating the crash to determine who might be responsible for your injuries and damage. They could also make a claim or lawsuit against the driver to recover damages. The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other drivers and people on foot or on bicycles. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or put others in danger. In certain instances even a minor traffic violation can be considered a form of reckless driving in New York. For instance, running an intersection with a stop sign could lead to an accident that is serious and cause injury. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to fines or jail time. Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. A conviction for this offense can lead to the addition of points to your license and hefty fines. This could lead to a driver's premiums going up substantially. It is crucial to employ an attorney in New York who will ensure the driver is convicted fairly. Cranston injury lawsuit regarding reckless driving in New York are extremely strict and could result in severe penalties, including fines and prison. The severity of the penalty is contingent on a variety of factors such as the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license. A reckless driving accident lawyer with experience will be able to determine the causes of an accident and gather evidence to show your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos of the scene of the accident as well as official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.