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The Basics of Car Accident Law You may be worried about your legal rights when you or someone you love has been involved in an automobile accident. This article will outline the fundamentals of New York's car accident law. Contact a lawyer right away if you have been hurt in a car accident. To learn more about your rights, make a free consultation with a lawyer in your area. Medical Exams In many car accident cases the insurance company of the party at fault will require that you undergo an independent medical exam. It could be a No-Fault IME or an Liability IME. The insurance company will usually request that you undergo an independent medical exam to determine if they hold any information that could be used to end your No-Fault benefits or to dispute your claim. The IME is an examination conducted by a doctor unfamiliar with you and has never treated you before. It will confirm your injuries and any treatment you've received in the past and provide a forensic report on your health. An IME is only required when you've suffered an injury that is serious and cannot be confirmed with your medical records, and is usually conducted in cases of broken bones. However, it is sometimes required for other kinds of injuries that have taken time to heal, including back pain and neck sprains. There is no way to prevent the IME from happening, however, you can take steps to make it as fair as it can be. For instance, you could ask your Queens personal injury attorney if you can take a note of the IME and ensure that your doctor isn't giving you information that is not recorded in your medical records. While you must be courteous and cooperative during the IME but you'll also need to be honest about your injuries and the circumstances that led to the accident. The doctor who is examining you will want to learn about any other health issues or injuries that occurred prior to the accident and if your lifestyle choices have contributed to your current injury and the delay in recovery. car accident lawsuit milpitas are crucial and you should be prepared for these types of questions. You might need to inform them that your knee injury was caused by the accident and that it hasn't changed. It is possible to mention that you are having difficulties walking or standing for more than a few moments. These are important factors in determining your physical limitations. How can you determine the amount of the extent of liability It doesn't matter if you are in the middle of a multicar pileup or a Fender bender. In order to receive full compensation, it is important to determine the liability of the car accident law. It's a complex process, with high stakes that can cause you to feel shaken and scared. In the case of your state the fault can be determined through analyzing the facts of the incident to see who violated motor vehicle laws, as well as what factors contributed to the crash. Usually, if a driver was careless or disregarded the safety of others, they can be held accountable for the crash. Sometimes, an accident can be caused by a poorly maintained or constructed road. If that's the case, you can bring a lawsuit against the government agency responsible for maintaining roads. To determine the extent of liability, insurance companies will review the police report and other evidence they have gathered from the crash to determine liability. They will also speak with witnesses to gather information about them. Negligent drivers could be held accountable for the incident and could be required to pay for damages. This includes compensation for medical expenses as well as property damage, pain and suffering. A majority of states have amended comparative fault laws, which determine the compensation of a driver based on how much they share the responsibility for the accident. In some states, like 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 determining the cause of an auto accident can be confusing There are a few steps you need to take to ensure that you don't cause any issues for yourself and undermine your efforts to obtain full compensation. First, take a deep breath and focus on the safety and health of both yourself and others. Then, be sure to collect evidence as quickly as possible, including photos of the scene and names and contact details for witnesses. Insurance Claims Insurance claims are a vital part of the law on car accidents because they permit injured victims to recover compensation for their medical costs and property damage. They also provide compensation for suffering and pain to those who have suffered emotional and psychological trauma due to the accident. One of the most crucial steps to pursue an insurance claim is to file it as fast as possible. A delay in filing can alter the outcome of your claim. It could also lead to an investigation, which could be costly and time-consuming. Moreover, it is essential to have all the required documents and evidence on hand to prove your claim. This includes medical records, reports, photos of the scene, as well as witness statements. It is essential to get the contact information for the other driver as well as insurance information , as well. This will help you file claims for the other driver's insurance and could also help in determining who was responsible for the accident. Many insurance companies offer an insurance checklist available to download on their mobile apps and printed out in paper format. It lists the essential details you should include in your insurance claim. These items could include the name of the driver who was not insured as well as the insurance company's name and policy number, license plates and any damage to your vehicle; and any witnesses. In addition, it's crucial to take photographs of the accident scene and get the name of the driver who caused the accident as well as his phone number. These photos can be sent to your lawyer and insurance company to ensure that they have all the details necessary to process your claim. It is important to be honest about your injuries and damage when filing claims with insurance companies. While it might be tempting to deny your injuries or about the accident this can affect your chances of winning a lawsuit. Keep records of your future and current medical bills along with any resulting expenses such as lost wages. These records are useful in calculating the value of your medical bills and negotiations with insurance companies. Although it isn't mandatory by law, some states provide car insurance that will cover medical treatment for the victims of a car accident , regardless of who was at the fault. This type of insurance is called “no-fault” coverage. While this type of insurance restricts the possibility of seeking compensation from other drivers, it can be an ideal choice for some people. Filing an action If you're injured in a car accident which wasn't your fault, you may be entitled to compensation for your medical bills, lost income and other damages. It can be difficult to claim this if the insurance company of the other driver refuses to settle. In these cases you could decide to sue the other driver. The lawsuit process can last up to several years , depending on the state in which the crash took place. Your lawyer must have access to your medical records as well as other documents before he files the case. This will enable the lawyer to determine the severity and the extent of your injuries. Your attorney will also need details about the accident and the witnesses, such as speaking with them and looking over police reports. Once your attorney has gathered all the evidence needed and evidence, they will meet with you to discuss the case and determine the best way for the future. This may include negotiations with the insurance company or filing a lawsuit in civil court. If you have a solid case and both sides are willing to try to settle the case before a trial. This can help you save time and money on your legal fees. This can also help reduce stress associated with legal proceedings. A lawyer will review the specifics of your case and make suggestions for a strategy which will ensure you receive the most compensation you can get. This could involve obtaining expert testimony, such doctors or economists to back your claim. If you have a convincing case to support your claim, your lawyer could be competent to negotiate with the insurance company of the other driver to negotiate an acceptable settlement. Your lawyer may bring a lawsuit if there are serious disagreements regarding the amount of compensation you should be awarded or who was at fault for the crash. The process of filing a lawsuit can be a bit complicated, and you should always consult a professional personal injury lawyer prior to launching one. It is important to keep in mind that even in the event that you have a strong case, it will require lots of time and effort from you to be successful.