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. Certain accidents could cause serious injuries, even if they are only minor collisions. Injured parties should call 911 and seek medical attention as soon as possible.

A New York car accident lawyer can help victims with their legal needs after an accident. They can assist them in obtaining the compensation they need for medical expenses and lost wages.

No-fault Insurance


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

To be eligible for No-Fault Insurance You must satisfy some requirements. First of all, you must be injured in a car accident that took place in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The injured party also must be treated in a hospital or by a licensed medical professional. Additionally, you must have suffered a "serious injury."

Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. All of these injuries are severe and can have a negative impact on a victim's life. A New York injury lawyer can assist you if you've suffered serious injuries in a New York car accident.

A lawyer can assist with the legal process in many ways following a serious auto accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They can also make a court-filed lawsuit 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, loss of wages, and other costs after a serious auto accident. These expenses can be covered by no fault insurance, and you should seek medical attention immediately following a collision, even if it feels like you're fine.

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

Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since the absence of this could result in retroactive denials of benefits.

Pure comparative fault

In many car accident cases, the plaintiffs may be liable in part or full for the accident. The law grants injured parties to recover damages in proportion to their share of blame. This is known as pure comparative negligence. Pure comparative fault differs from modified comparative fault, which limits the amount of fault that a claimant can be deemed to have to disqualify them from financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent.

In a car accident, the plaintiff must prove two elements to be legally accountable for the accident that is, negligence and causality. Negligence is the act of breaking a law or acting with reckless carelessness. Causation refers to how the negligence directly contributed to the injury. To establish legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income or travel expenses that result from their injuries. Non-economic losses are emotional trauma, pain and suffering.

New York is among the 13 states that have a strict comparative-fault law, which means that the injured party could still be able to claim compensation even if they were partially responsible. However, if the claimant is found to be more than 50% at fault, they will be disqualified from claiming damages. In this instance it is essential to work with a knowledgeable lawyer.

Comparative fault applies to any personal injury or wrongful death instance in which the victim (or their heirs) have suffered physical or mental damages. However, the concept of comparative fault can be a bit more complicated in wrongful death cases.

The concept of comparative blame is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and work with insurance companies to ensure that you get the most compensation you can for your injuries.

Joint and several liability can also be a possibility if there are several defendants. This is a method that splits the judgment amongst all the defendants if the jury decides that you are jointly and severally liable for the accident. This is a great method to ensure that you receive the most compensation for your injuries.

Tactics of the Insurance Company

The aftermath of a car accident can be as stressful. The injured victims are often confronted with medical bills, lost income due to inability to work, and physical pain. Rent and other expenses are also a major concern. The last thing they want is to be subjected the tactics of a stalling insurance company who is trying to get them accept a settlement offer that is low.

Lincoln injury lawsuit are in business to earn money. They accomplish this by denial or cutting your claims. Insurance representatives will use any method to stop you from receiving the amount you are entitled to. It is essential to find an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their shady tactics.

Insurance companies will do everything they can to delay your claim or slow the negotiations in order to save as much as possible. They will also try and keep the blame off by claiming that the injuries aren't directly related to the crash or do not require treatment. They may even argue that you had a prior medical issue that is responsible for your crash.

In certain cases an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a typical method that many people fall for. This offer is much lower than the amount you have to pay to cover your medical expenses and other damage.

The law in New York requires all drivers to have no-fault insurance. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather.

Reckless driving

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

The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of others on the road and people on foot or on bicycles. To convict a person of this crime the police officer must show more than just negligence or carelessness. This means that the officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger.

In some cases even a minor traffic offense 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 an accident that is serious. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time.

Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this crime can result in the addition of points to your driver's license, as well as substantial fines. This could result in driving's premiums rising substantially. It is crucial to employ 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 severe penalties, including fines and imprisonment. The severity of a penalty is contingent on a variety of variables including the severity of the accident, as well as aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.

A reckless driving accident attorney with experience will be able to determine the causes of an accident and gather evidence to prove your innocence. This could include witness statements, phone records to check if the driver was distracted, photos and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.