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

Car accidents are a regular occurrence in New York City. Certain accidents could cause serious injuries, even if they are minor accidents. The injured parties should immediately contact 911 and seek medical care.

A New York car accident attorney can assist victims with legal issues after the crash. They can help them obtain compensation for their medical bills and lost wages.

No-fault Insurance

New York is a no-fault insurance state which means that motorists, passengers, pedestrians, and bicyclists are covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect car accident victims against being burdened with out-of pocket costs. However, it is important to know what it means.

To be eligible for the benefits of No-Fault insurance, it is necessary to meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized medical professional. In addition, you must have suffered an "serious injury."

New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. These are all extremely severe injuries that can have a profoundly negative impact on the life of the victim. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.

After a serious auto accident An attorney can assist you in a variety of ways. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the accident.

In the aftermath of a serious crash, you may be facing huge medical expenses, lost wages and other costs. These costs can be paid for by no-fault insurance and you should seek medical attention immediately following a collision even if you feel like you're fine.

If you're unable to return to work, no fault will cover 80 percent of your wages lost up to $2,000 per month. It will also cover the majority of the cost you incur out-of-pocket which includes the cost of household help.

Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must show up for these appointments, since failure to attend could result in an appeal to the benefits.

Purely faults that are comparable

In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the crash. The law allows injured parties to be compensated according to their percentage of fault. This is known as pure comparative negligence. Pure comparative fault is different from modified comparative fault which limits the amount of fault that an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.

In a car accident, the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. Negligence is the act of breaking the law or acting in reckless disregard. The causality is the way in which the negligence caused the injury. To prove legal responsibility the plaintiff must show the economic losses resulted from their injuries, such as medical bills, lost income and travel expenses for appointments. Non-economic losses can include emotional trauma, pain and suffering.

New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured may 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 exempt from any claim for damages. In this situation it is essential to work with an experienced attorney.

Comparative fault applies to any personal injury or wrongful death instance where the victim (or their heirs) have suffered mental or physical injuries. However the concept of comparative fault is slightly more complicated in the case of wrongful death claims.

The principle of comparative fault is very important to understand when filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.

Joint and several liability could also be a possibility if there are multiple defendants. This system splits the verdict among all 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 maximum compensation possible for your injuries.

Strategies of insurance companies

Car accidents are stressful enough, but the aftermath can be even more difficult. Injured victims often must deal with medical bills and a loss of income from being in a position of no work, not to mention their emotional and physical pain. Rent and other expenses are also a problem. The last thing they want is to be subjected to the tactics of an insurance company trying to get them accept a settlement offer that is low.

The truth is that the majority of insurance companies are focused on making money and they do it by denying or reduction of claims. Insurance agents will use every method to deny you the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will fight insurance companies' sly strategies.


To save money, insurance companies will do anything they can to delay or stall your claim. They may also attempt to avoid accountability by arguing that your injuries aren't related to the crash or they do not require treatment. They might even claim that you have a prior medical condition that is to blame for the crash.

In some instances, an insurance adjuster will come up with an amount of settlement that appears reasonable. This is a trick that a lot of people fall to. This offer is much lower than the amount you must pay to cover medical expenses and other damages.

The law in New York requires all drivers to have no-fault insurance. However, it is common for people to get injured when driving or riding in a person's vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving is when a driver uses an electronic device to send or receive text messages, make phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.

Reckless driving

You may be entitled compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine the parties that might be accountable for your injuries and damages. They may also initiate a lawsuit or claim against the driver to claim 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 in danger. To convict someone the police officer must prove more than mere negligence or recklessness. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others in danger.

In some instances even a minor traffic infraction can be viewed as a form 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 caught driving recklessly, he or she may be convicted of misdemeanor charges and could face penalties such as fines or jail time.

Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. Portsmouth injury lawsuit for this type of offense could 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 is crucial to employ a New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner.

The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. 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 can also result in suspension of a driver's license.

A seasoned reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence to show your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, images and videos of the scene of the accident as well as official medical reports and toxicology reports. They will file and litigate insurance claims or lawsuits to get you the maximum compensation for your injuries.