The Basics of Car Accident Law You might be concerned about your legal rights if you or someone you care about has been involved in an accident in the car. This article will help you understand the basics of New York car accident law. If you have been injured in a car accident, don't wait to speak with a lawyer. You can learn more about your rights when you schedule a free consultation with an attorney near you. Medical Exams In the majority of cases of car accidents, the insurance company for the at-fault party will request 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 can be used to end your No Fault benefits or challenge your claim. The IME is an examination carried out by a doctor who is not familiar with you and has never had a chance to treat you before. It is designed to verify the severity of your injuries and the treatment you have received in the past. Additionally, it will provide a forensic report of your health. An IME is only necessary when you've suffered an injury that is severe and cannot be confirmed with your own medical records, and is typically done in the case of broken bones. It is sometimes necessary for injuries that take a while to heal, such as back pain or neck sprains. Although there is no way to stop the IME from occurring however, you can take steps to make it as fair and equitable as possible. You can ask your Queens personal attorney if you could keep a record of your IME. This will ensure that you're not being informed of anything that is not contained in your medical records. While you should be courteous and cooperative during the IME however, you need to be honest about the injuries you sustained as well as the circumstances surrounding the accident. The examining doctor will ask about any injuries or other conditions that have occurred prior to the accident. He will also inquire if your lifestyle choices have resulted in your current injury. These questions are vital and you must be prepared. You may need to tell them that your knee problem was the result of the crash and that it hasn't changed. It is possible to mention that you are having difficulty walking or standing for more than a few moments. These are important factors in determining your future physical limitations. How do you determine the what constitutes It doesn't matter whether you have to deal with a multicar collision or a Fender bender. To get full compensation, it's essential to determine the liability of the car accident law. It can be a bit daunting and complicated to determine the fault. Based on the state you live in, fault may be determined by looking at the details of the incident to see who was in violation of motor vehicle laws, and the factors that led to the crash. In general, negligent drivers could be blamed for the accident in the event that they are negligent or disregard the safety of other motorists. Sometimes, accidents could be caused by an unmaintained or poorly constructed road. If this was the case, you can file a lawsuit against the government entity responsible for maintaining the road. In order to determine liability, insurance companies will review the police report and other evidence they have gathered from the accident. They will also speak with witnesses to gather information about them. If the accident was caused by a negligent driver, they could be found to be at the fault and be required to pay for damages. This includes compensation for medical expenses as well as property damage and suffering and pain. The majority of states have modified the rules of comparative fault, which determine the compensation of a driver based on the proportion of the responsibility for the accident. In certain states, like 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 determining the cause of an accident is a bit difficult There are a few actions you should take to ensure that you don't cause problems for yourself and undermine your efforts to receive the full amount of compensation. First, take the time to breathe deeply and focus on the safety and health of yourself and other people. Then, be sure to collect evidence as quickly as possible, including photos of the scene, as well as names and contact details for witnesses. Insurance Claims Insurance claims are a crucial element of the law governing car accidents. They allow victims of injuries to receive compensation for medical expenses and property damage. They also provide pain and suffering compensation for those who have suffered emotional and psychological trauma in the aftermath of the crash. One of the most crucial steps in pursuing an insurance claim is to file it as quickly as possible. If you put off filing it for too long, it may affect the outcome of your claim. It could also lead to an investigation that can be expensive and time-consuming. It is also crucial to have all the evidence and documents needed to back your claim. This includes medical records and reports, photos of the scene, and witness statements. It is important that you obtain the contact information and insurance details of the other driver. This information can be used to file a claim for insurance from the other driver and may also assist in determining who was responsible. Many insurers offer an insurance checklist which can be downloaded on their mobile apps and printed in paper format. It outlines the important details you must include in your insurance claim. These could include the name of the driver who was not insured along with the name of the insurance company and the policy number; license plates or any damage to your vehicle; as well as any witnesses. In addition, it's crucial to take photographs of the scene of the accident and also get the other driver's name and phone number. Then, you can provide these to your lawyer as well as your insurance company to ensure that they have all of the details required to process your claim. It is crucial to be truthful about your injuries and damage when filing claims with insurance companies. Although it's tempting to deny your injuries or accident however, this could negatively impact your chances of winning the case. Keep the track of all your medical bills and any related expenses, such as lost wages, for the future. These records can be helpful in calculating the value of your medical bills and when negotiating with insurance companies. While it is not required by law to be covered by insurance, certain states provide insurance for automobiles that covers medical treatment for the victims of car accidents, regardless of the fault. This is referred to as "no fault" coverage. While this type of insurance is limited to the possibility of seeking compensation from other drivers, it can be an ideal choice for some people. Filing an action You may be entitled to compensation if you get injured in a car accident that wasn't your fault. It can be difficult to claim this if the insurance company of the other driver refuses to settle. In these instances you may choose to sue the other driver. The process of suing can take up to several years depending on the state where the crash took place. Your lawyer will need have access to your medical records as well as other documents before he files the case. This will help the attorney assess the severity and extent of your injuries. Your attorney will also need to analyze the accident in depth and interview witnesses and studying police reports. After your lawyer has collected all the evidence needed and has met with you, they will be able to discuss your situation with you and decide the best way forward. This can include negotiating with the insurance company 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 time and money on legal costs. It can also reduce anxiety from litigation. A lawyer will look over the details of your case and provide suggestions on a strategy that will allow you to receive the most money you can. This could include obtaining experts' evidence, such as economists or doctors to back up your claim. If you have a convincing case to support your claim, your lawyer could be able to negotiate with the insurance company of the other driver for an appropriate settlement. If there are any major disagreements regarding the amount of compensation you deserve or who was the one to blame for the crash Your lawyer will likely start a lawsuit. It's a difficult process to start a lawsuit. Before you start, it is advisable to consult an experienced personal injury lawyer. It is important to keep in mind that even the strongest case, it will take an enormous amount of time and effort from you to win.