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Don't Make This Mistake With Your New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a regular event in New York City. Some of these accidents can cause serious injuries, even if they are just minor collisions. The injured party should call 911 and seek medical attention right away.

A New York car accident attorney can assist victims with their legal issues after the crash. They can help victims obtain compensation for medical expenses and 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 by their insurance policies for automobiles. YouTube includes medical expenses, lost wages and other costs related to accidents. While this has helped to protect car accident victims from being buried due to out-of-pocket costs but it is essential to understand exactly what it means and does not mean.

To be eligible for No-Fault insurance you must satisfy some requirements. First and foremost, you must have been injured in an accident that occurred in New York. You must be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The person injured must be treated in a hospital or an authorized provider. You must have also suffered "a serious injury."

Serious injuries are defined by the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement or death. All of these injuries are serious and can have a negative impact on the life of a victim. A New York injury lawyer can assist you if suffered serious injuries in a New York car accident.

Following a serious car accident A lawyer can help you in a variety of ways. They can provide you with legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They can also make a court filing on your behalf against the person who caused the crash.

Following a serious car crash, you may be facing huge medical expenses, lost wages and other costs. No-fault insurance is able to pay for these as well, and you should seek treatment following an accident, even though you feel well.

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 can also cover many of your out-of-pocket costs, such as the cost of household assistance.

Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.

Pure faults that are comparable

In a majority of car accident lawsuits plaintiffs are partly or totally accountable for the crash. The law allows injured parties to recover damages according to their percentage of blame. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a person could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 to 51 percent.

In the case of a car crash the plaintiff's legal liability for the accident is contingent upon showing two things such as negligence and causation. Negligence is the violation of a law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly contributed to the injury. To establish legal liability, plaintiffs must also show economic losses, like medical expenses, lost income or travel expenses resulting from their injuries. Non-economic losses include emotional trauma and pain and suffering.

New York is one of the 13 states with absolute comparative fault laws, which means that the injured party may still pursue recovery even if they are partially at fault. However, if the claimant is found to be more than 50 percent at the fault, they will be exempt from any claim for damages. In this instance it is essential to work with a knowledgeable attorney.

Comparative fault applies to any personal injury or wrongful death instance where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative blame is more complex in wrongful death cases.

It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will work with the insurance companies to get you the maximum compensation for your injuries.

Joint and several liability can be used in the event of multiple defendants. This is a system that splits the judgment amongst all defendants if the jury finds that you are jointly and severally liable for the accident. 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 even more difficult. Victims of injuries often must deal with medical expenses and loss of income as a result of being unable to work in addition to their emotional and physical pain. Rent and other expenses are also a concern. The last thing they need is to be subjected the stalling tactics of an insurance company who is trying to get them to accept a settlement offer that is low.

Insurance companies are in business to make money. They accomplish this by denial or cutting your claims. Insurance companies will employ any tactic they can to prevent you from receiving the amount you deserve. This is why it's crucial to find a New York car accident lawyer to make sure that the playing field is level. 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' devious tactics.

To save money insurance companies will do whatever they can to delay or stall your claim. They may also attempt to avoid responsibility by claiming that your injuries aren't related to the crash or they do not require treatment. They may even claim that the accident was caused by an earlier medical condition.

In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a typical method that a lot of people are enticed by. This offer is lower than the amount you'll need to pay in order to cover medical expenses and other damage.


The law in New York requires all drivers to carry no-fault insurance coverage. It is not uncommon for drivers to be injured when driving a vehicle of another or in their own vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using a device to send or receive text messages, makes phone calls, or listens to music while behind the wheel. Distracted driving can lead to drivers losing control of their vehicle, 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 crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help investigate the crash to identify all parties that could be responsible for your injuries and losses. They may also initiate a lawsuit or claim against the driver in order to collect damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or cyclists, pedestrians, and cyclists in danger. To find someone guilty, a policeman must show more than just negligence or recklessness. This means that the police officer must show 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 example driving through an intersection with a stop sign could result in a serious accident and injury. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor and face either a fine or jail sentence.

Unsuspecting driving can cause serious injuries to other drivers, pedestrians and bicyclists. Those who are convicted of this crime will be subject to points added to their licenses and could be subject to large fines. This can cause a driver's insurance rates to go up substantially. It is crucial to employ an attorney in New York who will ensure that the driver is found guilty in a fair manner.

The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and prison. The severity of a penalty is contingent on a number of factors, such as the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in a driver's license being suspended.

A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. This evidence might include witness statements and cell phone records to check 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 secure the highest compensation for your injuries.

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