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

Car accidents are a regular event in New York City. While most of them are simply accidents that cause fender benders, a few can cause serious injuries. The injured party should call 911 and seek medical attention right away.

A New York car accident attorney can assist victims with legal issues after a crash. They can help victims get compensation for medical expenses and lost income.

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 related expenses. This system has protected car accident victims against having to pay out-of-pocket costs. However, it is important that you understand what it means.

In order to qualify for the benefits of No-Fault insurance, you have to meet certain requirements. First and foremost, you must have been injured in an accident in New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian struck by the vehicle. The person injured must be treated in an accredited hospital or provider. You must be able to prove that you suffered "a serious injury."

New York State Insurance Law defines serious injuries as a permanent loss of function or disfigurement. All of these are serious and can have a negative effect on the victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due.


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

You may have to pay astronomical medical costs as well as loss of wages, and other costs after a serious auto accident. No-fault insurance will pay for these and other expenses, so you should seek out treatment after an accident, even if you feel fine.

If you cannot return to work due to an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It also covers an important portion of the cost you incur out-of-pocket which includes the cost of household assistance.

Insurance companies often try to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must show up for these appointments, as failure to attend could result in an appeal to the benefits.

Purely faults that are comparable

In many cases of car accidents, the plaintiffs may be partially or fully responsible for the incident. The law permits the injured party to claim damages according to the proportion of fault that can be assigned to them. This is called pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have to prevent them from receiving financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.

In a car accident case the plaintiff's legal liability for the accident rests on proving two things such as negligence and causation. Negligence is the act of breaking the law or committing an act of negligence that is unreasonable. The causality is the manner in which the negligence caused the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss that result from their injuries for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma, suffering and pain.

New York is among the 13 states that have a strict comparative fault law, which means that the injured party may still be able to seek compensation if they were partially at fault. However, if the claimant is found to be more than 50% at fault, they are barred from recovering any damages. In this instance it is essential to consult with a seasoned attorney.

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

It is important to understand the principle of comparative negligence when filing claims for compensation following an accident in New York. Your lawyer will assist you to 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 could also apply if there are several defendants. This is a method which 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 you receive the maximum amount of compensation for your injuries.

The tactics of the insurance company

The aftermath of a car crash can be as stressful. The injured victims are often faced with medical bills, lost income due to being unable to work or suffer physical pain. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. They don't need to endure the delay tactics employed by insurance companies to try and get them to accept low settlement offers.

The reality is that most insurance companies are in the business of making money, and they do this by denial or reduction of claims. Insurance agents will employ every method to stop you from receiving the compensation you are entitled to. It is important to hire 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 tactics.

Insurance companies will do everything in their power to delay your claim or stall negotiations to save as much money as possible. They will also try and avoid liability by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They could even argue that your accident was caused by a previous medical condition.

In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that a lot of people fall for. In reality, the price will be much lower than what you really need to pay for medical treatment and other damages.

The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for drivers to sustain injuries when driving a vehicle of another or riding in their vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving happens 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 can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.

Reckless driving

If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. San Francisco accident lawyers YouTube driving accident lawyer can help you examine the crash to determine the parties responsible for your injuries and losses. They may also initiate 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 in danger. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or carelessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or put others in danger.

Even minor traffic violations can be considered reckless driving in New York. For instance, running the red light or stopping sign could cause an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanor charges and face penalties such as fines or jail time.

Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. A conviction for this offense can lead to the addition of points to your license and hefty fines. This can result in a driver's insurance premiums increasing substantially. It is essential to find a New York reckless driving accident attorney to ensure that the driver is held accountable fairly.

New York's reckless-driving laws are very strict and can result in significant penalties, including fines and prison. The severity of the penalty depends on a variety of factors including the severity of the crash and whether or not there were aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.

An experienced reckless driving accident lawyer will know how to find out the cause of a collision and gather evidence that will show your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you maximum compensation for your injuries.

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