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

Car accidents are a common occurrence in New York City. While the majority of them are collisions between cars, some may cause serious injuries. Anyone injured should dial 911 and seek medical attention right away.

A New York car accident lawyer can assist victims with their legal issues after the crash. They can help victims obtain compensation for medical expenses and lost income.

No-fault Insurance

New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as cyclists and bicyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other accident-related costs. This system has protected car accident victims against being burdened with out-of pocket costs. However it is crucial to know what it means.

In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. You must first and foremost have been injured in an accident in New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The person injured must be treated in a hospital or by a certified provider. In addition you must have suffered a "serious injury."

New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely severe injuries, and 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.

A lawyer can assist you with the legal process in many ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver who caused the accident.

In the aftermath of a serious crash you could be faced with astronomical medical bills, lost wages, and other costs. These expenses can be covered by no-fault insurance, and you should seek treatment immediately after a car accident even if it seems like you're fine.

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

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, because not attending could result in an appeal to the benefits.

Pure faults that are comparable

In a majority of car accident lawsuits, the plaintiffs are partially or completely accountable for the crash. The law allows injured parties to recover damages according to their percentage of blame. This is referred to as pure comparative negligence. Pure comparative fault differs from modified comparative fault which limits the amount of fault the claimant could be considered to have to disqualify them from financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.

In a car accident the plaintiff must prove two things in order to be legally responsible for the crash the other being negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. Causation refers to how the negligence directly caused the injury. To prove legal responsibility, the plaintiff must also show the economic losses caused by their injuries, such as medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma, pain and suffering.

New York is one of the states that have strict 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 unable to claim damages. In this case it is essential to work with an experienced attorney.

Comparative fault applies to any personal injury or wrongful-death case in which the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault is somewhat more complex in the case of wrongful death claims.

The concept of comparative blame is essential to be aware of when making an action 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 multiple defendants in your case the concept of joint and several liability may apply. This is a method which splits the verdict among all defendants if the jury decides that you are jointly and multiplely responsible for the accident. This is a great way to ensure that you receive the maximum compensation for your injuries.

Insurance company tactics

Car accidents can be stressful enough, and the aftermath can be more difficult. The victims of injuries typically have to deal with medical bills and a loss of income as a result of being in a position of no work and suffer from physical pain and emotional distress. Rent and other costs of daily living are also a problem. The last thing they need is to be subjected the stalling tactics of an insurance company trying to get them to accept a settlement offer that is low.


Insurance companies exist to earn money. They accomplish this by denial or reduce your claims. Insurance agents will use every tactic possible to deny you the money you deserve. This is why it's so important to hire an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky strategies.

Insurance companies will do all they can to delay your claim or stop the negotiations in order to save as much as possible. They also try to evade responsibilities by arguing that your injuries are not caused by the crash or that they don't require treatment. They might even claim that your crash was the result of a prior medical condition.

In some cases an insurance adjuster might determine a settlement amount that seems reasonable. This is a common tactic that many people fall to. In reality, this offer is significantly less than the amount you will actually have to pay for your medical treatment and other damages.

New York law requires that every driver have no-fault insurance. Lakewood injury lawyers is not uncommon for people to suffer injuries while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses devices while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather.

Reckless driving

If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify the parties liable for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover damages.

According to the New York criminal code, reckless driving is defined as driving a car in a way that it puts other drivers or pedestrians and cyclists at risk. To convict someone, a policeman must show more than mere negligence or carelessness. This means that the police officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger.

In some instances even a minor traffic offense can be considered a form of reckless driving in New York. For example driving at a red light or stop sign could cause an accident that is serious and cause injury. If an individual driver is found be driving recklessly, they could be convicted of a misdemeanor crime and face an indictment or a fine.

Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. Those who are convicted of this offense will have points added to their license and could face large fines. This can cause a driver's insurance rates to increase substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly.

The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and prison. The severity of a penalty depends on a variety of factors including the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.

An attorney for reckless driving who has experience will know how investigate the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements and phone records to determine if the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.