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The Basics of Car Accident Law If you or someone close to you has been involved in a car accident you might be worried about your legal rights. This article will help you to understand the basics of New York car accident law. If you have been injured in a car crash, don't wait to speak to a lawyer. To learn more about your rights, schedule an appointment for a free consultation with a lawyer near you. Medical Examinations In a lot of cases of car accidents in which the insurance company for the at-fault party will require that you undergo an independent medical examination. It can be an No-Fault IME or a liability IME or liability IME, and is usually conducted by a doctor selected by the insurance company with the intention of obtaining data that they can use to cancel your No-Fault insurance or cast doubt on your claim. The IME is an examination conducted by a doctor who isn't familiar with you and who has never previously treated you. It is designed to confirm your injuries and treatment that you have received in the past. It will provide a forensic report on your health. An IME is required only in cases where your medical records are not sufficient. This is most often the case with fractured bones. It's not always necessary for injuries that require time to heal, like back neck pain or neck strains. There is no way to stop the IME from happening, however, you can take steps to make it as fair as it can be. You can ask your Queens personal attorney if you can document your IME. This will ensure that you are not being informed of anything that is not 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 that led to the accident. The doctor who examines you will want to find out about any other ailments or injuries that may have occurred prior to the accident, as well as whether your lifestyle choices have contributed to your current injury or diminished recovery. These questions are vital and you should be prepared. For instance, you may be required to explain that you have a specific problem with your knee that was caused by the crash and hasn't improved since. It could be necessary to mention that you have difficulty standing or walking for more than a few seconds. These are crucial factors in determining your physical limitations. Determining Liability When you're faced with a multi-car pileup , or a fender bender, determining responsibility under car accident law is crucial to receive full compensation. It's a complex high-risk process that could leave you feeling a bit shaken and overwhelmed. Depending on your state the degree of fault can be determined by reviewing the facts of the incident to determine the person who violated the motor vehicle laws, and what contributed to the crash. In general, if a motorist was careless or disregarded the safety of others, they may be considered to be negligent for the crash. In some instances the road poorly maintained or designed can be the cause of the accident. If this was the case, you are able to sue the government entity responsible for maintaining roads. Insurance companies will study the police report, as well as other evidence from the crash to determine liability. They will also interview witnesses to gather their details. If the accident was caused by a negligent driver they could be found to be at the fault and must pay for damages. This includes compensation for medical bills, property damage, suffering and pain. The majority of states have modified comparative fault laws, which determine the compensation of a driver based on how much they share the blame for an accident. New York's 50% rule prevents drivers from seeking damages from their insurance companies if found to be more 50 percent responsible than they were for an accident. When determining the cause of an accident is a bit difficult, there are a few actions you should take to help ensure you don't create problems for yourself and impede your efforts to obtain the full amount of compensation. First, take the time to breathe deeply and focus on the safety and health of yourself and others. Then, be sure to collect evidence as quickly as you can, including photos of the scene, as well as names and contact information for witnesses. Insurance Claims Insurance claims are an essential element of the law on car accidents. They allow victims of injuries to get compensation for medical expenses as well as property damage. They also offer compensation for pain and suffering to those who have suffered psychological and emotional trauma as a direct consequence of the crash. One of the most important steps to pursue an insurance claim is to file it as fast as possible. If you hold off for too long, it can affect the outcome of your claim. It could result in an investigation that could be expensive and time-consuming. Moreover, it is essential to have the proper documents and evidence to prove your claim. These documents include medical records, reports, photographs of the scene, and witness statements. It is important to find the contact details of the other driver as well as insurance information as well. This will help you file an insurance claim on the other driver's coverage and can also assist in determining who was at fault. Many insurers have checklists on their mobile apps or in print form that outlines important details to include in an insurance claim. This could include the name of the other driver along with the name of the insurance company and policy number; license plates; any damage done to your vehicle and any witnesses. In car accident lawsuit washington , it is crucial to take photographs of the scene of the accident and get the name of the other driver and their phone number. These images can be shared with your lawyer and insurance company to ensure they have all the information required to complete your claim. Another crucial aspect of insurance claims is to be honest about your injuries and the damages. While it might be tempting to lie about your injuries or the incident, doing so can impact your chances of winning a lawsuit. Keep an eye on all medical bills and any resulting costs, like lost wages, for the future. These records can be useful in calculating the amount and when negotiating with insurance companies. While it is not legally required, some states provide car insurance that covers the cost of medical treatment for the victim of a car accident , regardless of who is at the fault. This type of insurance is known as “no-fault” coverage. This type of insurance is not accessible to all drivers. However, it can be a great option for some people. Filing a Lawsuit You may be entitled to compensation if get injured in a car accident that wasn't your fault. However, this can be difficult to obtain if the insurance company of the other driver does not agree to an acceptable settlement. In these situations you could decide to sue the driver who caused the crash. The lawsuit process can last several years depending on the state where the crash occurred. Your lawyer will need have access to your medical records as well as other evidence before he files the case. This will allow the attorney to assess the severity and the extent of your injuries. Your attorney will also need information about the accident, including talking with witnesses and reviewing police reports. After your lawyer has gathered all the evidence needed for your case, they will meet with you to discuss your situation with you and decide the best way forward. This could include negotiating with the insurance company or filing a lawsuit in civil court. If you have a convincing case and both sides are willing to try to settle the matter prior to trial. This can save time and money on your legal costs. It can also reduce anxiety from the stress of litigation. A lawyer will evaluate your case and suggest a strategy to get you the highest amount of compensation. This could include obtaining experts' testimonyfrom experts, such as economists or doctors to back your claim. If you have a compelling case, your lawyer will negotiate with the insurance company for a fair settlement. Your lawyer could start a lawsuit if they are significant disputes over the amount of compensation you should receive or who was responsible for the crash. It's a complicated process to bring an action. Before you begin it, you should seek out an experienced personal injury lawyer. It is crucial to remember that even the strongest case, it will require lots of time and effort from you to prevail.