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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a frequent event in New York City. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should call 911 and seek medical attention as soon as possible. A New York car accident lawyer can assist victims with their legal requirements after a crash. Huntington Beach injury lawyer can help victims obtain compensation for medical bills and lost income. No-fault insurance New York is an insurance no-fault state. This means that all drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered by their auto insurance policies. This includes medical costs, lost wages and other accident-related costs. This system has safeguarded those who have been injured in car accidents from being burdened with out-of pocket expenses. However, it is important that you understand what it means. To qualify for No-Fault Insurance, you must meet a few criteria. First and foremost, you must be injured in an accident that occurred in New York. You must be a passenger, driver or pedestrian of the insured vehicle. The injured party must also be treated in an accredited hospital or 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 could have a significant negative impact on the victim's life. A New York injury lawyer can assist you if you've been injured in a major New York car accident. After a serious auto accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They can also initiate a court action on your behalf against the driver who caused the accident. After a serious car accident you could be faced with massive medical bills, lost wages, and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately following a car crash even if it seems like you're fine. If you are unable to return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance. Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must show up for these appointments, because failing to do so could result in the denial of benefits retroactively. Pure comparative fault In many car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law grants injured parties to be compensated based on their percentage of fault. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person may be deemed 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 liability for the accident rests on showing two things such as negligence and causation. Negligence is the act of breaking a law or acting with unreasonable carelessness. The causality is the way in which the negligence caused the injury. To establish legal liability the plaintiff must prove the economic damages that result from their injuries for example, medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is among the 13 states that have a strict comparative-fault law. This means that those who are injured can still claim compensation even if they were partially at fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this case, it is important to consult with a seasoned attorney. Comparative fault can be applied to almost every personal injury or wrongful death case where a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is somewhat more complex in the case of wrongful death claims. It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. In addition, if have several defendants in your case, the concept of joint and several liability could be applicable. This system splits the verdict between all defendants if the jury finds you jointly and severally responsible for the accident. This is a great way to ensure that you receive the most amount of compensation for your injuries. Insurance Company Tactics Car accidents are stressful enough, but the aftermath can be even more challenging. Victims of injuries often confront medical bills as well as a loss of income from being incapable of working in addition to their physical pain and emotional distress. They also have to worry about how they will pay 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. Insurance companies exist to make money. They do this by denying or reducing your claims. Insurance agents will use every method to deny you the compensation you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. 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' sneaky tactics. Insurance companies will do all they can to delay your claim or stall the negotiations in order to save as much money as possible. They also try to avoid responsibility by claiming that your injuries aren't caused by the crash or they do not require treatment. They may even argue that you had a prior medical condition that is the reason for the crash. In some cases, an insurance adjuster will come up with an amount for settlement that seems reasonable. This is a common scam that many people fall for. This offer is much lower than the amount you'll 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 coverage. It is not uncommon for drivers to be injured while driving another person's car or in their own vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using devices while driving to send or receive text messages or phone calls or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents include drunk driving, road conditions and weather. Reckless driving If you've been injured in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine the parties that might be accountable for your injuries and the damages. They can also file a lawsuit or claim against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists at risk. To convict a person of this crime, a police officer must show more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger. Even minor traffic violations can be considered reckless driving in New York. For example driving through the red light or stopping sign could result in a serious accident and injury. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor offense and face an indictment or a fine. Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this offense can lead to the addition of points to your license, as well as substantial fines. This can result in a driving's premiums rising substantially. It's important to hire an New York reckless driving accident attorney who will ensure the driver is found guilty fairly. The laws governing reckless driving in New York are very strict and could lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of variables including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence. A reckless driving accident lawyer who is experienced can determine the cause of an accident and gather evidence to show your innocence. This evidence might include witness statements, cellphone records to look for distracted driving, photos and videos taken at the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of getting you maximum compensation for your injuries.