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

New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries even if they're only minor collisions. The injured parties should immediately contact 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues following a crash. They can help victims obtain compensation for medical bills and lost income.

No-fault insurance

New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other incident-related expenses. This system has protected those who have been injured in car accidents from having to pay out-of-pocket costs. However it is crucial to know what it means.


To be eligible for No-Fault Insurance, you must meet a few criteria. In the first place you must have been injured in a motor vehicle accident that occurred within the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in an accredited hospital or provider. In addition you must have sustained a "serious injury."

New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these injuries are serious and can have a 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 obtaining the compensation you're due.

A lawyer can assist you with the legal process in numerous ways following a serious auto accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also make a court filing on behalf of you against the driver who caused the accident.

There is a chance that you will have to pay for astronomical medical expenses along with lost wages and other expenses following a serious accident. No-fault insurance is able to pay for these, and you should always seek out treatment after a crash, even if you feel well.

If you're unable to return to work, no-fault will pay 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out of pocket expenses, like the cost of household assistance.

Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam Under Oath. You must attend these appointments, since failing to do so could result in a retroactive denial of benefits.

Purely comparative fault

In a majority of car accident lawsuits plaintiffs are either completely or partially accountable for the incident. The law gives injured parties the right to receive damages based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which limits the amount a person could be found to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.

In the case of a car crash, the plaintiff's legal responsibility for the accident rests on proving two things that are causation and negligence. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly caused the injury. To establish legal responsibility, plaintiffs must also show economic losses, such as medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma, pain and suffering.

New York is among the 13 states with a pure comparative-fault law, which means that injured parties 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 will be exempt from any claim for damages. In this instance, it's important to work with a knowledgeable attorney.

Comparative fault is applicable to nearly every personal injury or death case in which a victim (or the inheritors of the deceased) has suffered emotional or physical injuries. However the concept of comparative fault can be a bit more complicated in wrongful death claims.

It is important to understand the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will collaborate with insurance companies to secure the maximum compensation for your injuries.

Joint and several liability can be used in the event of multiple defendants. This is a system that splits the judgment amongst all the defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries.

Tactics of the Insurance Company

Car accidents are stressful enough, and the aftermath can be even more difficult. The injured victims are often faced with medical bills, lost income due to not being able to work, and physical pain. They also have to think about how they will pay rent and other daily expenses. They don't have to be subjected to the stalling tactics used by an insurance company to convince them to accept low settlement offers.

Westminster injury attorney You Tube are in business to earn money. They accomplish this by denial or reducing your claims. Insurance companies will employ every trick to deny you the money you deserve. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their devious tactics.

To save money insurance companies will do anything they can to delay or stop your claim. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They could even argue that the accident was caused by a previous medical condition.

In some cases an insurance adjuster may come up with an amount of settlement that appears reasonable. This is a common trick that many people fall to. This offer is lower than the amount you'll must pay to cover your medical expenses and other damage.

New York law requires that all drivers have no-fault insurance. It is not unusual for people to suffer injuries while driving another person's car or in their vehicle. Some of the most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver uses an electronic device while driving to send or receive messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious crashes. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.

Reckless driving

You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties who may be responsible for your injuries and losses. They could also make a claim or lawsuit against the driver to claim damages.

The New York criminal code defines reckless driving as operating an automobile in a manner that puts at risk the lives and safety of other drivers and pedestrians on bicycles. To convict someone the police officer has to prove more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger.

In some cases even a minor traffic infraction could be viewed as a type of reckless driving in New York. Driving through a stop sign or red light could result in serious accidents. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and face fines or jail time.

Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can result in the addition of points to your license, as well as substantial fines. This could result in driver's insurance premiums increasing significantly. It is essential to find an attorney in New York who will ensure that the driver is found guilty in a fair manner.

The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties, including fines and imprisonment. The severity of a penalty depends on a variety of factors including the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving can also result in suspension of a driver's license.

A seasoned 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, photographs and videos from the scene of the crash as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.