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The Basics of Car Accident Law If you or a loved one was involved in a car crash You may be concerned about your legal rights. This article will help get a grasp of the fundamentals of New York car accident law. If you have been injured in a car accident, don't wait to speak with an attorney. To learn more about your rights, make a free consultation with a lawyer in your area. Medical Exams In the majority of car crash cases, the insurance company of the at-fault party will require you to undergo an independent medical exam. It could be a No-Fault IME or a Liability IME. The insurance company will usually request that you undergo an independent medical examination to determine if they have any information that can be used to end your No Fault benefits or challenge your claim. The IME is an exam performed by a doctor who doesn't know you and has never performed a treatment before. car accident lawsuit quincy 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 only necessary in cases where you've suffered an injury that is severe and cannot be confirmed with your medical records, and is usually performed in cases of broken bones. However, it is sometimes needed for other injuries that have taken time to heal, including neck sprains and back pain. There is no way to prevent the IME from happening, but you can take steps to make it as fair as it can be. For instance, you can ask your Queens personal injury lawyer to take a note of the IME, which will ensure that the doctor is not giving you information that is not listed in your medical records. While you should be pleasant and cooperative during the IME you must be honest about the injuries you sustained and the circumstances that led to the accident. The doctor who examines you will want to learn about any other illnesses or injuries that have occurred before the accident, and whether your lifestyle choices have contributed to your current injury or reduced recovery. These are the most important questions to ask and you should be prepared. For instance, you might need to state that you have a particular problem with your knee which was caused by the accident and has not improved since. It may be necessary to note that you have trouble standing or walking for more than a few moments. These are crucial factors in determining your physical limitations. Determining Liability It doesn't matter whether you are dealing with a multicar collision or a Fender bender. To receive the full amount of settlement, it's important to determine liability under car accident law. It can be a bit daunting and complicated to determine the fault. Depending on your state the way to determine fault is by looking at the details of the incident to determine who was responsible for violating motor vehicle laws, and what caused the crash. Usually, if a driver was careless or disregarded the safety of others, they may be held accountable for the crash. In some instances roads that are not maintained or designed properly could also be the cause of the accident. If this is the case, you can take legal action against the government entity responsible. Insurance companies will examine the police report as well as other evidence from the crash to determine if they are responsible. They also will interview witnesses to collect their information. If the accident was caused by a negligent driver they could be held at the fault and must pay for damages. This includes damages for medical bills and property damage, as well as suffering and pain. The majority of states have modified comparative blame rules which determine the driver's compensation based upon how much they are at fault for an accident. In certain states, such as New York, the 50 percent rule means that drivers who are found to be more than 50% at fault in an accident aren't able to recover damages from their insurance companies. When it comes to determining fault in an accident can be a challenge there are a few things you can do to ensure that you don't cause any issues for yourself and hinder your efforts to get the full amount of compensation. First, take a deep breath and focus on the safety and health of yourself and other people. Next, collect as much evidence as you can, including photos of the scene, names and contact details for witnesses. Insurance Claims Insurance claims are a crucial aspect of the law regarding car accidents. They allow injured victims to get reimbursement for medical expenses and property damage. They also provide pain and suffering compensation for those who have suffered psychological and emotional trauma as a result of the accident. It is important to file an insurance claim as soon as you can. If you put off filing it for too long, it can have a negative impact on the outcome of your claim. It can also result in an investigation that could be costly and time-consuming. It is also important to have all the evidence and documents required to prove your claim. This includes medical records, reports, photos of the scene, and witness statements. It is essential that you get the contact details and insurance information of the driver who was driving. This information can be used to file a claim to get insurance coverage from the other driver and may also assist in determining who was at fault. Many insurers offer a checklist which can be downloaded on their mobile apps and printed out in paper format. It provides the most important details you need to include in your insurance claim. These details could include the name of the other driver as well as the company's name, insurance number, and policy number; license plates or any damage to your vehicle as well as witnesses. It is also important to take pictures of the scene of your accident and obtain information about the other driver. Then, you can give these to your lawyer and insurance company to ensure that they have all of the details needed to process your claim. Another important aspect of insurance claims is to be truthful about your injuries and the damages. While it is tempting to avoid a claim for your accident or injuries, this could impact your chances of winning the case. You should also keep a record of your future and current medical bills as well as any associated costs, like lost wages. These records are useful in calculating the value and when negotiating with insurance companies. Although it isn't required by law, certain states offer insurance for cars that covers medical treatment for victims of a car accident , regardless of who is at fault. This insurance is known as “no fault” coverage. While this type of insurance limits the ability to seek compensation from other drivers, it is a good option for some people. Filing an action If you're injured in a car crash that wasn't your fault you may be entitled to compensation for your medical expenses, lost income and other damages. But, this is difficult to attain if the insurance company for the other driver isn't willing to accept a fair settlement. In such cases you may decide to sue the other driver. The process of suing can take up to several years , depending on the state in which the accident took place. Before filing the case, your lawyer will require access to your medical records and other documentation. This will enable the lawyer to assess the severity and extent of your injuries. Your attorney will also need details about the incident, including talking with witnesses and reading police reports. After your attorney has gathered all the evidence required to prove their case, they will meet with you to discuss your issue with you and figure out the best path to take. This could involve negotiating with the insurance company of the other party, or filing an action in civil court. If you have a compelling case the parties will attempt to settle the matter before a trial. This will save you time and money on legal costs. It also helps reduce stress associated with litigious situations. A lawyer will go over the specifics of your case and provide suggestions for a strategy which will ensure you receive the most money you can. This could involve obtaining expert testimony, such as economists or doctors to prove your case. If you have a solid case to support your claim, your lawyer might be capable of negotiating with the insurance company of the other driver in exchange for an equitable settlement. Your lawyer may bring a lawsuit if there is a significant disagreement over the amount of the compensation you'll receive or who was responsible for the crash. It is a complex process to file a lawsuit and you must seek out a knowledgeable personal injury attorney prior to starting one. It is important to keep in mind that even in the event that you have a strong case, it will take an enormous amount of time and effort on your part to win.