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

New York City is a city where car accidents are frequent. Some of these accidents can cause serious injuries even if they're only minor collisions. The injured parties should immediately call 911 and seek medical attention.

A New York car accident lawyer can help victims with their legal issues following an accident. They can help victims get compensation for medical bills and lost income.

No-fault insurance

New York is an insurance no-fault state. This means that motorists, passengers and pedestrians as cyclists and bicyclists are covered by their auto insurance policies. This includes medical expenses, lost wages and other accident-related costs. This system has safeguarded those who have been injured in car accidents from having to pay out-of-pocket expenses. However it is essential that you understand what it means.

To be eligible for No-Fault insurance you must satisfy certain requirements. In the first place you must be injured in a car accident that occurred in the state of New York. You must be a driver or passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The person injured must be treated at an accredited hospital or provider. You must have also suffered "a serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are serious and can have a negative effect on the life of a victim. 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 you're due.

In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can assist you in understanding your legal options, conduct an extensive investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on behalf of you against the negligent driver responsible for the crash.

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

If you are unable to return to work, no fault will cover 80 percent of your lost wages up to $2,000 per month. It also covers a large portion of the cost you incur out-of-pocket such as the cost of household help.

Insurance companies will often attempt to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, since not attending could result in the denial of benefits retroactively.

Pure faults of a comparative nature

In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to seek damages in proportion to the percentage of blame that can be attributable to them. This is known as pure comparative negligence. Pure comparative is different from modified comparative, which caps the amount that a claimant could be considered to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent.

In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the act of breaking the law or acting with unreasonable carelessness. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also demonstrate economic losses, such as medical expenses, lost income or 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 with pure comparative fault laws, which means that those who have suffered are still able to seek compensation even in the event that they are partly at the fault. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In Hammond injury lawsuit is crucial to work with a knowledgeable attorney.

Comparative fault applies to almost every personal injury or wrongful death case where the victim (or the heirs 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 filing a compensation claim after an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum compensation for your injuries.

Joint and several liability can also apply if there are several defendants. This is a system which splits the verdict among all defendants if the jury decides that you are jointly and multiplely responsible for the incident. This is a great method to ensure that you receive the most compensation for your injuries.

Insurance Company Tactics

Car accidents can be stressful enough, but the aftermath can be even more difficult. The injured victims are often faced with medical bills, lost income due to inability to work or suffer physical pain. Rent and other daily expenses are also a concern. They don't have to endure the stalling tactics used by insurance companies to get them to accept lower settlement offers.

Insurance companies exist to earn money. They accomplish this by denial or reducing your claims. Insurance representatives will use any method to stop you from obtaining the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky tactics.

Insurance companies will do everything they can to delay your claim or slow the process to save as much as possible. They may also attempt to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They might even claim that you suffer from a previous medical condition that is to blame for the crash.

In some instances an insurance adjuster might determine an amount of settlement that appears reasonable. This is a common tactic that many people fall to. In reality, this offer will be much lower than the amount you will actually have to pay for medical treatment and other damages.

The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for people to be injured while driving another's vehicle or in their vehicle. The most frequent causes of accidents include reckless driving, distracted driving and speeding. Distracted driving occurs when a driver uses an electronic device to send or receive text messages, make phone calls or listens to music driving. 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

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 help you in analyzing the accident to determine the parties that may be accountable for your injuries and damage. They may also make a claim or a lawsuit against the driver to recover damages.

The New York criminal code defines reckless driving as the practice of operating an automobile in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions could cause an accident or put others in danger.

In certain instances, even a minor traffic offense could be viewed as a type of reckless driving in New York. Running a stop sign or red light can result in a serious accident. If the driver is found to be driving recklessly, they could be convicted of a misdemeanor offense and face a fine or jail time.


Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. A conviction for this type of offense can result in the addition of points to your license, as well as hefty fines. This can result in a driver's insurance premiums increasing significantly. It's important to hire an New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.

The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and jail time. The severity of a penalty depends on a variety of variables including the severity of the accident and whether there were aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.

A reckless driving accident attorney who is experienced can determine the causes of an accident and gather evidence to show your innocence. This could include witness statements as well as phone records to determine if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to ensure you receive the maximum amount of compensation for your injuries.