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The Basics of Car Accident Law There are many reasons to be concerned about your legal rights when you or someone you care about has been involved in a car accident. This article will outline the fundamentals of New York's car crash law. If you have been injured in a car crash Do not wait to talk to a lawyer. To learn more about your rights and rights, schedule a free consultation with a lawyer near you. Medical Examinations In a lot of car accident cases, the insurance company of the party responsible for the accident will require that you undergo an independent medical examination. It could be a No-Fault IME or an Liability IME. The insurance company will typically request that you undergo an independent medical exam to determine if they have any information that could be used to end your No Fault insurance or dispute your claim. The IME is a test performed by the doctor who does not know you and has never previously treated you. It will confirm your injuries as well as any treatment you've received in the past and give a forensic analysis of your health. An IME is only required when you've suffered an injury that is severe and cannot be confirmed through your medical records, and is usually conducted in cases of broken bones. However, car accident attorney westminster may be required for other kinds of injuries that take time to heal, like neck sprains or back pain. There is no way to prevent the IME from occurring, but you can take some steps to make it as fair as it can be. For instance, you could ask your Queens personal injury attorney to record the IME to make sure that the doctor is not telling you things that are not documented in your medical records. While you must be friendly and cooperative during the IME you must also be honest about the injuries you sustained and the circumstances surrounding the accident. The examining doctor will ask about any injuries or other circumstances that occurred prior to the accident. He will also inquire whether your lifestyle choices contributed towards your current injury. These are the most important questions to ask and you must be prepared. For instance, you could have to say that you have a particular problem with your knee that was caused by the accident and has not improved since. You might have to mention that you are having trouble standing or walking for more than a few minutes at a time, since these are crucial aspects in determining your future physical limitations and how long it will take to fully recover from your injuries. How do you determine the the extent of liability In the event of an auto-to-car collision or a fender bender, determining liability as part of law governing car accidents is essential to obtaining full compensation. It can be difficult and complicated to determine the fault. In the case of your state the degree of fault can be determined by examining the circumstances of the incident to determine who was responsible for violating motor vehicle laws, as well as the factors that led to the crash. Usually, negligent drivers can be blamed for the accident if they are careless or disregard the safety of other motorists. In some cases roads that are badly maintained or designed could also be the cause of the accident. If that was the case, you can bring a lawsuit against the government entity responsible for road upkeep. Insurance companies will look over the police report along with other evidence from the crash to determine liability. They will also conduct interviews with witnesses and collect their details. If the accident was caused by a negligent driver they could be held at the fault and be required to pay out money for damages. This includes damages for medical bills as well as property damage, and pain and suffering. The majority of states have modified comparative fault laws, which determine the compensation of a driver based on the proportion of the responsibility for the accident. In some states, such as New York, the 50% bar rule means that drivers who are found to be more than 50% responsible for an accident won't be able to claim damages from their insurance companies. While determining fault in an accident is a bit difficult There are a few things you can do to help ensure you don't cause any issues for yourself and hinder your efforts to obtain full compensation. First, take an exhale and focus on the safety and health of both yourself and others. Next, gather as the evidence you can, including photos of the scene, names and contact details for witnesses. Insurance Claims Insurance claims are an essential part of car accident law as they permit injured victims to collect compensation for medical expenses and property damage. They also offer pain and suffering compensation for those who have suffered psychological and emotional trauma as a direct consequence of the accident. One of the most crucial steps in pursuing an insurance claim is to file it as soon as you can. Waiting too long can alter the outcome of your claim. It could also lead to an investigation, which could be costly and time-consuming. It is also crucial to have all the evidence and documents needed to back your claim. These documents include medical records, reports, photographs of the scene, and witness statements. It is crucial to obtain the contact details of the other driver as well as insurance information as well. This information can be used to make a claim for coverage from the driver who was not insured and also assist in determining who was responsible. Many insurers offer a checklist that can be downloaded from their mobile apps and printed in paper format. It lists the essential information you should include in your insurance claim. These details could include the name of the other driver along with the name of the insurance company and the policy number; the license plate; any damage done to your vehicle and witnesses. In addition, it is essential to take pictures of the accident scene and get the name of the driver who caused the accident as well as his phone number. You can then send these photos to your lawyer as well as your insurance company to ensure they have all the information needed to file your claim. It is crucial to be honest about your injuries and the damages you suffered when filing insurance claims. Although it can be tempting to deny your injuries or about the accident, doing so can impact your chances of winning a lawsuit. Keep records of your present and future medical bills, as well as any related expenses like lost wages. These records can also be helpful when calculating the value of your claim, and when negotiating with an insurance company. While it's not required by law, some states offer car insurance that covers the cost of medical treatment for the victims of a crash, regardless of who is at fault. This type of insurance is known as “no-fault” coverage. While this type of insurance restricts the ability to seek compensation from other drivers, it can be an excellent option for certain people. Filing an action If you're injured in a car crash that wasn't your fault you could be entitled to compensation for medical expenses, lost income, and other damages. This can be difficult if the insurance company of the other driver refuses to pay. In such cases, you may decide to sue the other driver. Based on the state in which the crash occurred, the lawsuit process can take a few months or years. Your lawyer must have access to your medical records as well as other documentation before he files the case. This will enable the lawyer to assess the severity and the extent of your injuries. Your attorney will also need details regarding the accident and the witnesses, such as speaking with them and studying police reports. After your attorney has gathered all the evidence necessary for your case, they will meet with you to discuss your situation with you and determine the best way forward. This could include negotiating with the insurance company of the other party, or filing an action in civil court. If you have a solid case, both sides will try to settle the matter prior to a trial. This can save time and money on legal fees. It can also reduce stress from litigation. A lawyer will review your case and suggest a plan to help you get the maximum amount of compensation. This could include obtaining the evidence of experts, like doctors or economists to back up your claim. If you have a convincing argument to back your claim, your lawyer could be able to negotiate with the insurance company of the other driver in exchange for an acceptable settlement. Your lawyer can bring a lawsuit if there are significant disputes over the amount of the compensation you'll receive or who is responsible for the accident. It's a difficult process to bring a lawsuit. Before you begin, it is advisable to seek out an experienced personal injury attorney. It is crucial to keep in mind that winning a lawsuit could be difficult even if your case is strong.