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 just minor collisions. The injured party should immediately contact 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues after an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income.

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 automobile insurance policies. This includes medical costs, lost wages and other accident-related costs. This has helped protect car accident victims against being weighed down by out-of-pocket costs. However it is crucial to know what it means.


To be eligible for No-Fault Insurance You must satisfy some requirements. First and foremost, you must have been injured in an accident in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured person must be treated at an accredited hospital or provider. In addition, 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. These are all extremely serious injuries that can have a devastating 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.

In the aftermath of a serious auto crash A lawyer can help 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 may also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.

You could be required to pay astronomical medical bills along with loss of wages, and other costs after a serious auto accident. No-fault insurance is able to pay for these, and you should always seek out treatment after an accident, even though you feel okay.

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 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 Exam Under Oath. It is mandatory to attend, since failing to attend could result in denial of benefits retroactively.

Purely comparative fault

In a lot of car accident lawsuits, plaintiffs are partially or completely responsible for the accident. The law allows injured parties to recover damages in proportion to the percentage of the blame that is attributable to them. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which caps the amount of fault that the claimant could be considered to have in order to make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent.

In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence refers to breaking a law or acting with unreasonable carelessness. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma and pain and suffering.

New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered may still pursue recovery even in the event that they are partly at fault. If the claimant is found to be more than 50% at fault, they are exempt from any claim for damages. In this case it is crucial to work with a skilled attorney.

Comparative fault can be applied to any personal injury or wrongful death instance in which the victim (or their heirs) have suffered physical or mental damages. Melbourne injury lawsuits of comparative fault is more complicated in the case of wrongful death.

The concept of comparative fault is very important to understand when filing 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 will work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.

Joint and several liability could be used in the event of multiple defendants. This is a method that divides the judgment between all the defendants if the jury finds that you are jointly and severally responsible for the incident. This is an excellent way to ensure that you receive the maximum amount of compensation for your injuries.

Insurance Company Tactics

Car accidents are stressful enough, but the aftermath can be more difficult. Victims of injuries often confront medical bills as well as a loss of income as a result of being unable to work in addition to their emotional and physical pain. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. The last thing they want is to be subjected the tactics of an insurance company who is trying to get them to accept a low settlement offer.

The truth is that the majority of insurance companies are focused on making money and they do this by denying or reducing claims. Insurance companies will employ any method to stop you from obtaining 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 experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their shady tactics.

Insurance companies will do everything they can to delay your claim or stall negotiations to save as much as possible. They may also attempt to avoid responsibility by arguing that the injuries aren't 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 cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic method that a lot of people fall for. This offer is lower than the amount you need to pay in order to cover medical expenses and other damage.

The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver is using devices while driving to send or receive texts or phone calls or listen to music. Distracted driving can lead to drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions.

Reckless driving

You could be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who may be responsible for your injuries and damage. They can also make a claim or lawsuit against the driver in order to collect damages.

The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that poses a threat to the lives and safety of other motorists and pedestrians or riders on bicycles. To convict someone the police officer must prove more than just negligence or recklessness. 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 cases even a minor traffic offense could be viewed as a type of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanors and be subject to fines or even jail time.

Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this offense can result in the addition of points to your license as well as hefty fines. This could result in driving's premiums rising substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.

New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and jail time. The severity of a penalty is contingent on a number of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.

An attorney for reckless driving with experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photos and videos from the scene of the crash as well as 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.