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The Basics of Car Accident Law You may be worried about your legal rights when you or someone you care about has been involved in an auto accident. This article will help you understand the basics of New York car accident law. If you have been injured in a car crash do not hesitate to speak with a lawyer. To know more about your rights, set up an appointment for a free consultation with a lawyer in your area. Medical Exams In many cases of car accidents the insurance company for the at-fault party will request that you undergo an independent medical examination. It can be either a No-Fault IME or a liability IME, and it is usually performed by a physician selected by the insurance company with the intention of finding information that they can use to terminate your No-Fault insurance or cast doubt on your claim. The IME is an examination conducted by the doctor who does not know you or have never previously treated you. It is designed to confirm the injuries and treatments you have received in the past. Additionally, it will provide a forensic report on your health. An IME is only required in situations where you have suffered an injury that is serious and is not confirmed by your medical records and is typically used in cases of broken bones. However, it can be required for other kinds of injuries that have taken time to heal, like neck and back pain. Although there isn't a way to prevent the IME from occurring but you can take steps to make it as fair and fair as is possible. For example, you can ask your Queens personal injury lawyer if you can keep a record of the IME and help ensure that your doctor isn't telling you things that are not in your medical records. While you must be friendly and cooperative during the IME you must be honest about the injuries you sustained as well as the circumstances that led to the accident. The doctor who examines you will inquire about any injuries or conditions that occurred prior to the accident. He also will ask if your lifestyle choices have caused your current injury. These are crucial questions and you should be prepared for them. For instance, you may have to say that you have a specific knee problem which was caused by the crash and hasn't improved since. It may be necessary to mention that you are having trouble standing or walking for more than a few seconds. These are crucial factors in determining your future physical limitations. Determining Liability Whether you're dealing with an all-car pileup or fender bender, determining liability as part of car accident law is crucial for obtaining the full amount of compensation. It can be intimidating and confusing to determine fault. Based on the state you live in, fault may be determined by examining the circumstances of the incident to determine who violated motor vehicle laws, as well as the factors that led to the accident. In most cases, if a driver was careless or didn't consider the safety of others, they can be deemed negligent for the accident. Sometimes, accidents could be caused by an unmaintained or poorly designed road. If this is the case, you can take legal action against the government entity responsible. Insurance companies will study the police report and other evidence from the accident to determine the extent of liability. They will also conduct interviews with witnesses to collect their information. Negligent drivers could be held accountable for the crash and could be required to compensate for damages. This includes compensation for medical bills, property damage, and suffering and pain. Most states have modified comparative fault rules that determine the amount of compensation for a driver based upon how much they are at fault for an accident. The 50% rule in New York restricts drivers from claiming damages from their insurance companies if they are found to be more than 50 percent at fault, compared to the amount they were in the event of an accident. When it comes to determining fault in an accident can be confusing there are a few things you can do to ensure that you don't cause problems for yourself and undermine your efforts to claim the full amount of compensation. Take a deep breath, and then focus on your health and safety. Then, be sure to collect evidence as quickly as you can, including photos of the scene and names and contact numbers for witnesses. Insurance Claims Insurance claims are an essential part of car accident law, as they allow injured victims to receive compensation for their medical costs and property damage. They also offer compensation for suffering and pain to those who are suffering psychological and emotional trauma due to the accident. It is important to file an insurance claim as soon as possible. If you wait too long, it may have a negative impact on the outcome of your claim. It can cause an investigation that can be expensive and time-consuming. It is also crucial to have all the evidence and documents that support your claim. This includes medical records and reports, photographs of the scene, as well as witness statements. It is essential to obtain the contact information and insurance details of the driver who was driving. This can assist you in submitting an application for the other driver's coverage and can also be useful in determining who was responsible for the accident. Many insurers offer checklists on their mobile apps or in print form that lists the most important information to include in an insurance claim. These could include the name of the other driver as well as the insurance company's name and policy number; license plates as well as any damage that may have been done to your car; and witnesses. In addition, it is essential to capture photos of the scene of the accident and get the name of the other driver as well as their phone number. car accident lawyer centennial can be shared with your lawyer and insurance company to ensure that they have all the information needed to process your claim. Another crucial aspect of insurance claims is to be honest about your injuries and the damage. While it is tempting to lie about your injuries or the incident, doing so can impact your chances of winning a lawsuit. Keep records of all your medical bills, as well as any associated costs, like lost wages, for the future. These records can also help you calculate the value of your claim as well as negotiating with an insurance company. Although it isn't legally required, some states provide car insurance that covers medical treatment for the victims of a car accident , regardless of who is at the fault. This is referred to as “no fault” coverage. This kind of insurance isn't accessible to all drivers. However, it may be a great option for certain drivers. Filing a Lawsuit If you're injured in a car accident which wasn't your fault, you may be entitled to compensation for your medical expenses, lost income, and other damages. It can be difficult to claim this in the event that the insurance company of the other driver is unwilling to settle. In such cases you could decide to file a lawsuit against the other driver. Depending on the state in which the crash took place, the process of filing a lawsuit can take a few months or years. Before submitting the case your lawyer will require access to your medical records as well as other evidence. This will allow the attorney to determine the severity and extent of your injuries. Your attorney will also need details about the accident such as talking to witnesses and reviewing police reports. After your lawyer has collected all the evidence necessary and has met with you, they will be able to discuss your situation with you and decide the best way forward. This can include negotiations with the insurance company or filing a lawsuit in civil court. If you have a solid case, both parties will try to settle the case prior to the trial. This will save time and money on legal costs. It can also reduce the stress of litigation. A lawyer will examine your case and recommend a strategy to get you the highest amount of compensation. This could include obtaining the testimony of experts, like doctors or economists, to support your claim. If you have a strong argument to back your claim, your lawyer might be able to negotiate with the insurance company of the other driver for a fair settlement. Your lawyer may initiate a lawsuit in the event that there are major disagreements over the amount of compensation you should be awarded or who was at fault for the incident. It is a complex procedure to file an action. Before you file, it is advisable to consult a knowledgeable personal injury attorney. It is crucial to keep in mind that winning a lawsuit could be difficult even if your case appears solid.