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The Basics of Car Accident Law If you or a loved one was involved in a car accident you might be worried about your legal rights. This article will help you understand the basics of New York car accident law. Get in touch with a lawyer immediately If you've suffered injuries in a car accident. You can learn more about your rights by scheduling your free consultation with an attorney in your area. Medical Exams In the majority of instances of car accidents, the insurance company for the at-fault driver will demand that you undergo an independent medical examination. It could be an No-Fault IME or a liability IME or liability IME, and will typically be conducted by a physician selected by the insurance company with the aim of obtaining information they can use to revoke your No-Fault benefits or cast doubt on your claim. The IME is an examination performed by a doctor who doesn't know you, and has never had a consultation with you before. It will confirm your injuries and any treatment you have received in the past. It will also give a forensic analysis of your health. An IME is only needed in serious cases where your medical records aren't sufficient. This is typically the case with fractured bones. However, it is sometimes needed for other injuries that have taken time to heal, including back pain and neck sprains. Although there is no way to prevent the IME from happening but you can take the necessary steps to make it as fair and equitable as possible. For instance, you could ask your Queens personal injury attorney if you can keep a record of the IME which will aid in ensuring that the doctor isn't giving you information that is not documented in your medical records. While you must be polite and cooperative during the IME but you'll also need to be honest about your injuries and the circumstances that led to the crash. The examining doctor will ask about any injuries or other circumstances that occurred prior to the accident. They will also ask whether your lifestyle choices resulted in your current injury. These are important questions and you must be prepared. For instance, you could be required to explain that you have a specific problem with your knee that was caused by the crash and has not improved since. It is possible to say that you are having trouble standing or walking for more than a few seconds at a time, as these are crucial factors in determining your future physical limitations and the length of time it will take you to fully recover from your injuries. Determining Liability It doesn't matter if you have to deal with a multicar pileup or a accident involving a fender bender. In order to receive full settlement, it's important to determine liability under car accident law. It can be difficult and complicated to determine the fault. In the case of your state the degree of fault can be determined by looking at the details of the incident to determine the person who violated the motor vehicle laws, as well as what factors contributed to the accident. In general, if a motorist was negligent or did not consider the safety of others, they could be considered negligent for the accident. In some instances, a road that is poorly maintained or constructed could be the reason for the accident. If this is the case, you may file a lawsuit against the government entity responsible for road upkeep. To determine the extent of responsibility, insurance companies look over the police report as well as other evidence they have gathered from the accident. They will also question witnesses and gather their details. If the accident was caused by a negligent driver, they could be held at blame and be ordered to pay out money for damages. This includes compensation for medical bills as well as property damage, the pain and suffering. The majority of states have modified comparative fault rules that determine the amount of compensation for a driver based upon how much they are responsible for an accident. In some states, such as New York, the 50 bar rule applies, meaning that drivers who are found to be more than 50% at fault in an accident won't be able to claim damages from their insurance companies. When it comes to determining fault in a car accident can be difficult there are some actions you should take to help ensure you don't create any problems for yourself or undermine your efforts to get full compensation. First take a deep breath and focus on the health and safety of yourself and others. Make sure you collect evidence as quickly as you can, including photographs of the scene and names and contact information for witnesses. Insurance Claims Insurance claims are an important part car accident law. They allow injured victims to receive reimbursement for medical expenses and property damage. They also provide the right to compensation for those who have suffered psychological and emotional trauma as a result of the accident. It is crucial to file an insurance claim as quickly as possible. Waiting too long can affect the outcome of your claim and lead to an investigation that can be expensive and time-consuming. It is also essential to have all the evidence and documents required to prove your claim. car accident law firm davie includes medical records and reports, photos of the scene, and witness statements. It is crucial to obtain the contact information for the other driver as well as insurance information also. This information can be used to submit a claim for coverage from the other driver and help determine who was at fault. A lot of insurers have an insurance checklist available on their mobile apps or in a printed form that outlines important details to include in an insurance claim. These items may include the name of the other driver as well as the insurance company's name and policy number; license plates; any damage to your vehicle and any witnesses. It is also essential to capture photos of the scene of your accident and get information about the other driver. You can then provide these to your lawyer as well as your insurance company to ensure that they have all the information needed to file your claim. It is essential to be truthful about your injuries and damages when filing claims for insurance. Although it may be tempting to deny your injuries or accident it could affect your chances of winning the case. Keep track of all your medical bills and any resulting expenses, such as lost wages, for the future. These records could aid in calculating the value of your claim, and when negotiating with an insurance company. Although it's not legally required to be covered by insurance, certain states provide insurance for automobiles that covers medical treatment for victims of car accidents regardless of the fault. This kind of insurance is known as “no-fault” coverage. This type of insurance isn't accessible to all drivers. However, it may be a good option for some. Filing a Lawsuit You could be entitled to compensation if you were injured in an auto accident that was not your fault. It can be difficult to claim this when the insurance company of the other driver is unwilling to settle. In these instances you may choose to sue the other driver. Depending on the location in which the crash took place, the process of filing a lawsuit could take months or even years. Before submitting the case your lawyer will require access to your medical records and other records. This will allow the lawyer to determine the severity and extent of your injuries. Your attorney will also have to analyze the accident in depth including talking to witnesses and reviewing police reports. After your attorney has gathered all the evidence necessary and has met with you, they will be able to discuss your situation with you and determine the best method to proceed. This could involve negotiations with the insurance company of the other party or filing an action in civil court. If you have a compelling case, both parties will try to settle the matter prior to the trial. This can help you save time and money on your legal costs. It also can reduce the stress of litigation. A lawyer will review the details of your case and offer suggestions for a strategy that can get you the highest amount of compensation. This can involve obtaining the testimony of experts, such as economists or doctors to back up your claim. If you have a solid argument to back your claim, your lawyer might be in a position to negotiate with the insurance company of the other driver for an appropriate settlement. Your lawyer can start a lawsuit if they is a significant disagreement over the amount of compensation you should receive or who is accountable for the crash. The process of filing a lawsuit can be a bit complicated, and you should always seek out a knowledgeable personal injury lawyer before attempting one. It is important to remember that winning a lawsuit can be difficult even if your case appears solid.