A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular incident in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. Injured parties should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal requirements after the crash. They can help victims get 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, lost wages, and other accident-related expenses. While this has helped to protect car accident victims from being buried by out-of-pocket costs, it is important to understand exactly what it means and does not mean.
To be eligible for No-Fault insurance, you must meet certain requirements. First of all you must have been injured in a motor vehicle accident that took place in the state of New York. You must also be a driver or passenger in the insured vehicle or a pedestrian or bicyclist struck by the vehicle. The person who was injured must be treated in a hospital or by a licensed provider. Additionally you must have 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 could have a negative impact on the victim's life. 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 assist you in a variety of ways. They can help you understand your legal options, conduct an in-depth investigation, and bargain with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident.
You could be required to pay astronomical medical costs, lost wages, and other expenses after a serious auto accident. No-fault insurance will help with these costs and other expenses, so you should seek treatment following a crash, even if you feel well.

If you are unable return to work, no-fault insurance will cover 80% of your lost wages up to $2,000 per month. It can also cover an important portion of your out-of-pocket costs, including the cost of household assistance.
Insurance companies frequently try to deny you coverage for no fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, since failing to do so could result in an appeal to the benefits.
Purely comparative fault
In many cases of car accidents plaintiffs may be held to be fully or partially responsible for the accident. The law permits injured parties to seek damages in proportion to the proportion of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a claimant may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states typically have a range of 49 to 51 percent.
In a car accident case the plaintiff's legal liability for the accident is contingent upon proving two things such as negligence and causation. Negligence is the act of breaking a law, or committing an act of negligence that is unreasonable. The causality is the way that the negligence led to the injury. To establish legal liability, the plaintiff must also demonstrate the economic loss that result from their injuries such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma, pain and suffering.
New York is among the 13 states that have a strict comparative fault law, which means that the injured party can still claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they are barred from claiming damages. In this case it is essential to work with a skilled attorney.
Comparative fault applies to almost any personal injury or wrongful death case in which a victim (or the heirs of the deceased) has suffered physical or emotional damages. The concept of comparative blame is more complex in cases of wrongful deaths.
The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will negotiate with insurance companies to get you the most compensation for your injuries.
In addition, if you have several defendants in your case the concept of joint and multiple liability may apply. This is a system that divides the judgment between all the defendants if the jury decides that you are jointly and severally liable for the incident. This is a great method to ensure that you receive the highest compensation possible for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be as stressful. Victims of injuries often must deal with medical expenses and loss of income as a result of being in a position of no work and suffer from physical pain and emotional distress. They also have to think about whether they can afford rent and other daily expenses. They don't need to endure the stalling tactics used by insurance companies to get them to accept low settlement offers.
Insurance companies exist to make money. They do this by denying or reduce your claims. Insurance agents will employ every strategy to prevent you from getting the amount you deserve. It is essential to find 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 and their devious tactics.
Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much as possible. They will also try and avoid liability by arguing that the injuries aren't directly related to the crash or do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash.
In Indianapolis accident attorneys YouTube , an insurance adjuster will arrive at a settlement amount that seems reasonable. This is a common tactic that many people fall prey 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 carry no-fault insurance. It is not uncommon for drivers to be injured while driving another's vehicle or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving happens when a driver is using 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 crashes. Other causes of crashes are drunk driving, road conditions, and weather.
Reckless driving
You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They can also file a lawsuit or claim against the driver in order to recover damages.
The New York criminal code defines reckless driving as operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict someone the police officer has to prove more than mere negligence or carelessness. This means that the police officer must show that the driver knew their actions were likely to cause an accident or put others in danger.
In some cases even a minor traffic offense could be viewed as a type of reckless driving in New York. For example, running a red light or stop sign could result in an accident that is serious and cause injury. If a driver is caught driving recklessly, they might be found guilty of misdemeanor charges and face fines or even jail time.
Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this type of offense can result in the addition of points to your driver's license, and hefty fines. This could result in driver's premiums going up substantially. It's important to hire a New York reckless driving accident attorney to ensure that the driver is convicted on a fair basis.
The laws governing reckless driving in New York are quite strict and can lead to substantial penalties that include fines and jail time. The severity of the penalty is contingent on a variety of factors such as the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.
A reckless driving accident lawyer who is experienced can determine the cause of an accident and gather evidence to show your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos of the scene of the accident, medical reports from the official and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.