A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a common incident in New York City. Some of these accidents can cause serious injuries even if they're just minor collisions. The injured parties should immediately call 911 and seek medical attention.

A New York car accident lawyer can assist victims with their legal issues following the crash. They can help them obtain compensation 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 covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has protected the victims of car accidents from having to pay out-of-pocket costs. However, it is important to understand what it means.

To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured party must also be treated in a hospital or an authorized provider. You must also have suffered "a serious injury."

New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries that could have a significant negative impact on the victim's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due.

Following a serious car accident An attorney can assist you in a variety of ways. They can provide you with legal options, conduct a thorough investigation and negotiate 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 could be required to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. No-fault insurance is able to pay for these as well, and you should seek treatment after an accident, even if you feel fine.

If you cannot return to work because of an injury, no fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.

Insurance companies often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must be present at these appointments, because failing to do so could result in an appeal to the benefits.

Pure comparative fault

In many car accident cases the plaintiffs could be partially or fully responsible for the accident. The law permits injured parties to recover damages based on the percentage of blame that can be attributable to them. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.

In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence is the violation of the law or acting with unreasonable negligence. The causality is the way that the negligence led to the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income and travel expenses that result from their injuries. Other non-economic losses include emotional trauma, suffering and pain.

New York is among the 13 states that have a strict comparative-fault law. This means that the injured party may still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance it is essential to consult a knowledgeable attorney.

Fort Wayne injury lawsuits www.youtube.com Links to an external site. is applicable to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be somewhat more complex in wrongful death cases.

It is crucial to grasp the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the maximum compensation for your injuries.

In addition, if you have several defendants in your case, the concept of joint and several liability could apply. This is a method that divides the judgment between all defendants in the event that the jury finds that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the maximum amount of compensation for your injuries.

Tactics of the Insurance Company

The aftermath of a car accident can be as stressful. The injured victims are often faced with medical bills, lost income due to not being able to go to work and physical pain. Rent and other daily expenses are also a concern. They don't have to endure the delay tactics employed by an insurance company to convince them to take low settlement offers.

Insurance companies exist to make money. They accomplish this by denial or cutting your claims. Insurance companies will employ every tactic possible to deny you the money you are entitled to. This is why it's so important to hire a New York car accident lawyer to make sure that the playing field is level. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their sneaky tactics.

To save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid responsibility by arguing that the injuries are not directly related to the crash or do not require treatment. They may even claim that your crash was caused by a previous medical condition.

In some instances, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a trick that many people fall to. In reality, the price will be significantly lower than what you really need to pay for medical treatment and other damages.

The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to become injured when driving or riding in another's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using an electronic device to send or receive text messages, make phone calls or listens to music while 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 weather conditions, road conditions and road conditions.

Reckless driving

You may be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties liable for your injuries and losses. They may 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 drivers or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime an officer of the police force must prove more than negligence or carelessness. This means that the officer must prove that the driver knew their actions could cause an accident or put others at risk.


In some instances, even a minor traffic violation could be viewed as a type of reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to penalties such as fines or jail time.

Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. Those who are convicted of this offense will receive points added to their licenses and could face large fines. This could lead to a driver's premiums going up significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is held accountable fairly.

New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors such as the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's license.

An experienced reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence that will prove your innocence. This could include witness statements as well as cell phone records to check for distracted driving, images and videos from the scene of the crash, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.