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

Car accidents are a regular occurrence in New York City. Although the majority of them are accidents that cause fender benders, a few can cause serious injuries. Richmond injury lawsuit injured party should call 911 and seek medical attention immediately.

A New York car accident lawyer can help victims with their legal issues following an accident. They can help victims get 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 well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. While this has helped to protect car accident victims from being buried by expenses out of pocket, it is important to know exactly what it means and does not mean.

To be eligible to benefit from No-Fault insurance, you must meet certain requirements. In the first place, you must be injured in a vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. You must be able to prove that you suffered "a serious injury."

New York State Insurance Law defines serious injuries as permanent impairment or loss of function. These are all extremely serious injuries, and can have a profoundly negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a major New York car accident.

A lawyer can help you with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the negligent driver responsible for the crash.


You could be required to pay astronomical medical costs along with lost wages, and other expenses after a serious auto accident. These expenses can be covered by no fault insurance, and you should seek treatment immediately after a car accident even if it seems as if you're in good shape.

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 can also cover an important portion of the cost you incur out-of-pocket such as the cost of household assistance.

Insurance companies often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must attend these appointments, as failing to do so could result in the denial of benefits retroactively.

Pure faults that are comparable

In many car accident lawsuits plaintiffs are either completely or partially responsible for the accident. The law gives injured parties to recover damages according to their percentage of fault. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a person could be considered to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.

In the case of a car crash the plaintiff's legal liability for the crash depends on demonstrating two things: negligence and causation. Negligence refers to breaking the law or acting with reckless carelessness. The causality is the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income, and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma and suffering and pain.

New York is among the 13 states that have a strict comparative-fault law. This means that injured parties may still be able to claim compensation even if they were partially responsible. However, if the person seeking compensation is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this situation, it is important to work with an experienced attorney.

Comparative fault can be applied to any personal injury or wrongful death case where the victim (or their heirs) have suffered physical or mental damages. However the concept of comparative fault is somewhat more complex in wrongful death cases.

The concept of comparative fault is crucial to know when making claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your personal responsibility to the accident and will work with insurance companies to ensure you receive the maximum amount of compensation for your injuries.

Joint and several liability can be used in the event of several defendants. The system splits the verdict among all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries.

Insurance Company Tactics

The aftermath of a car crash can be as stressful. The victims of injuries typically must deal with medical bills as well as 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 concern. They don't have to endure the stalling tactics used by insurance companies to try and get them to accept lower settlement offers.

The reality is that most insurance companies are in the business of making money, and they do it by denying or reduction of claims. Insurance companies will employ every method to deny you the money you deserve. This is why it's essential to work with an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will stand up to insurance companies and their sneaky tactics.

Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much as possible. They also try to evade responsibilities by arguing that your injuries aren't related to the crash or do not require treatment. They might even claim that your accident was caused by a previous medical condition.

In some instances an insurance adjuster might determine a settlement amount that seems reasonable. This is a common tactic that many people fall to. In reality, the price will be significantly 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 have no-fault insurance. It is not unusual for people to be injured while driving another's vehicle or riding in their vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses devices while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious crashes. 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 driving accident lawyer can help you determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They could also file 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 motorists or cyclists, pedestrians, and cyclists at risk. To convict someone the police officer must prove more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or place others in danger.

Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light can result in serious accidents. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and face fines or jail time.

Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. If convicted of this offense will have points added to their license and may be subject to massive fines. This could lead to a driver's premiums going up significantly. It is essential to find an New York reckless driving accident attorney to ensure that the driver is held accountable on a fair basis.

The laws governing reckless driving in New York are quite strict and can result in substantial penalties that include fines and jail time. The severity of the penalty depends on a number of factors like 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 experienced reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to demonstrate your innocence. This could include witness statements as well as phone records to look for distracted driving, photos and videos from the scene of the crash and official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.