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10 Things We Hate About New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a common event in New York City. While most of them are collisions between cars, some may cause serious injuries. The injured party should immediately call 911 and seek medical attention.

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

No-fault Insurance

New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are covered by their personal automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. This system has safeguarded those who have been injured in car accidents from being burdened with out-of pocket expenses. However, source for this article is important to know what it means.

In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. 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 bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. In addition you must have sustained a "serious injury."

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


After a serious auto accident, a lawyer can assist you in a number of ways. They can assist you in understanding your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also bring a lawsuit to court on your behalf against the negligent driver who caused the accident.

After a serious car accident, you may be facing astronomical medical bills, lost wages, and other costs. No-fault insurance will pay for these and other expenses, so you should seek treatment following an accident, even if you feel fine.

If you are unable to return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It will also cover a lot of your out of pocket costs, such as the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. Attendance is mandatory, as failing to attend could result in retroactive denials of benefits.

Pure faults that are comparable

In a lot of car accident cases plaintiffs may be partially or fully responsible for the accident. The law gives injured parties to be compensated in proportion to their share of blame. This is known as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount that a claimant could be found to be owed to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent.

In the case of a car crash, the plaintiff's legal responsibility for the accident is contingent upon showing two things: negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. The cause of the accident is determined by the manner that the negligence led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma and pain and suffering.

New York is among the 13 states with a pure comparative fault law, which means that injured parties can still claim compensation even if they are partially responsible. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this case, it is important to consult with a seasoned attorney.

Comparative fault can be applied to almost every personal injury or death case where the victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault is slightly more complicated in the case of wrongful death claims.

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

In addition, if you have multiple defendants in your case, the concept of joint and multiple liability may apply. This system divides the verdict among all defendants when the jury finds you jointly and severally responsible for the accident. This is a great method to ensure that you receive the most amount of compensation for your injuries.

Strategies of insurance companies

Car accidents can be stressful enough, and the aftermath can be more challenging. Injured victims are often confronted with medical bills, lost income due to inability to work or suffer physical discomfort. Rent and other daily expenses are also a concern. They don't have to be subjected to the delay tactics employed by insurance companies to convince them to take low settlement offers.

The reality is that most insurance companies are focused on making money, and they do it by denying or cutting claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC are experienced in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics.

Insurance companies will do all they can to delay your claim or stop negotiations to save as much money as possible. They may also attempt to avoid responsibility by arguing that your injuries aren't directly related to the crash or that they do not require treatment. They may even argue that you had a prior medical issue that is responsible for the crash.

In some cases the insurance adjuster might offer a settlement that seems reasonable. This is a common tactic that many people fall prey to. This offer is lower than the amount you have to pay to cover medical expenses and other damage.

New York law requires that every driver have no-fault insurance. It is nevertheless common for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most frequent causes of accidents. Distracted driving is when a driver uses an electronic device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes include drunk driving, road conditions and weather.

Reckless driving

If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine who may be accountable for your injuries and the damages. They can also make a claim or lawsuit against the driver in order to collect damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists in danger. To convict a person of this crime an officer of the police force must show more than just carelessness or negligence. This means that the officer must prove that the driver was aware that their actions could cause an accident or put others at risk.

Even minor traffic violations can be considered reckless driving in New York. For instance driving at an intersection with a stop sign could result in serious injuries and accidents. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor crime and face an indictment or a fine.

Reckless driving can cause severe injuries to pedestrians, drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as substantial fines. This could lead to a driver's insurance premiums increasing substantially. It is essential to find an New York reckless driving accident attorney to ensure that the driver is found guilty on a fair basis.

The laws regarding reckless driving in New York are extremely strict and could result in substantial penalties including fines and imprisonment. The severity of the penalty depends on several factors, including the severity of the crash and whether or not there were any aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's licence.

An experienced reckless driving accident lawyer will know how to investigate the cause of a collision and gather evidence that will prove your innocence. This evidence might include witness statements and phone records to look for distracted driving, photographs and videos of the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.

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