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The Basics of Car Accident Law If you or someone close to you has been involved in a car crash, you may be concerned about your legal rights. This article will help you to understand the basics of New York car accident law. If you have been injured in a car accident Do not wait to talk with a lawyer. You can learn more about your rights by scheduling an initial consultation with an attorney near you. Medical Exams In the majority of car crash cases, the insurance company of the party at fault will require that you undergo an independent medical examination. It can be a No-Fault IME or a Liability IME. The insurance company will typically 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 challenge your claim. The IME is a medical examination that is performed by a doctor who isn't familiar with you and who has never seen you before. It is designed to verify the severity of your injuries and the treatment you received in the past, and it will provide a forensic report of your health. An IME is required only in the most serious instances where your medical records are not sufficient. This is most often the case with fractured bones. However, it can be necessary for other types of injuries that took time to heal, such as neck sprains and back pain. Although there isn't a way to stop the IME from happening, you can take steps to ensure that it is as fair and equitable as you can. You could ask your Queens personal attorney if they could document your IME. This will ensure that you're not being told information that is not contained in your medical records. While you should be friendly and cooperative during the IME you should be honest about your injuries and the circumstances surrounding the accident. The doctor conducting the examination will inquire about any injuries or conditions that 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 should be prepared. For instance, you could have to say that you have a specific knee problem which was caused by the crash and has not improved since. You might have to mention that you're having trouble standing or walking for more than a couple of minutes at a time, because these are significant aspects in determining your future physical limitations as well as how long it will take you to fully recover from your injuries. Determining Liability If you're involved in an auto-to-car collision or a collision, determining your whether you're liable under the car accident law is crucial to obtaining full compensation. It can be a bit daunting and complicated to determine fault. Based on the state you live in the way to determine fault is by examining the circumstances of the incident to determine who violated motor vehicle laws, and the factors that led to the accident. In general, if a motorist was negligent or did not consider the safety of others, they can be held accountable for the crash. Sometimes, accidents can be caused by a poorly maintained or designed road. If this is the case, you could make a claim against the government agency responsible for maintaining roads. As part of determining responsibility, insurance companies review the police report and other evidence they have gathered from the accident. They will also conduct interviews with witnesses and gather their information. Drivers who are negligent could be held responsible for the accident and could be required to pay damages. This includes compensation for medical bills and property damage, as well as injuries and pain. A majority of states have amended comparative fault laws, which determine the compensation of a driver according to the proportion of the responsibility for an accident. In some states, such as New York, the 50 percent rule means that drivers who are found to be more than 50% responsible for an accident won't be able to claim damages from their insurance companies. Although it can be a challenge to determine who was at fault in an accident but there are some steps you can take to ensure you don't cause any problems and hinder your efforts to get full compensation. First, take the time to breathe deeply and focus on the health and safety of your family and friends. Make sure you gather evidence as soon as you can, including photographs of the scene and names and contact numbers for witnesses. Insurance Claims Insurance claims are an essential aspect of the law governing car accidents, as they allow injured victims to receive compensation for their medical costs and property damage. They also provide compensation for pain and suffering for victims who have suffered psychological and emotional trauma as a direct consequence of the accident. It is important to file an insurance claim as soon as possible. If you put off filing it for too long, it may affect the outcome of your claim. car accident law firm orlando could also result in an investigation that can be costly and time-consuming. Additionally, it is important to have all the required documents and evidence to support your claim. This includes medical records and reports, photos of the scene, and witness statements. It is essential 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. A lot of insurers have 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 vehicle; as well as witnesses. It is also vital to capture photos of the accident scene and obtain information about the other driver. These photos can be sent to your lawyer and the insurance company to ensure that they have all the details required to process your claim. Another important aspect of insurance claims is to be honest about your injuries and the damages. Although it may be tempting to dismiss your injuries or accidents however, this could negatively impact your chances of winning the case. You should also keep a record of your present and future medical bills and any associated expenses, such as lost wages. These records can be helpful when calculating the value of your claim and when negotiating with an insurance company. Although it is not legally required to be covered, a few states provide insurance for automobiles that covers medical care for victims of car accidents, regardless of the fault. This type of insurance is called “no-fault” coverage. While this type limits the ability to seek compensation from other drivers, it can be an excellent option for certain people. 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 in the event that the insurance company of the other driver is unwilling to settle. In these instances, you may decide to file a lawsuit against the other driver. Depending on the state in which the crash occurred, the lawsuit process can take several months or even years. Before filing the case your lawyer will need access to your medical files as well as other evidence. This will allow the lawyer to know the extent and severity of your injuries. Your attorney will also need to examine the accident in detail and interview witnesses and looking over police reports. Once your lawyer has gathered all the evidence needed They will then meet with you to discuss your case and determine the best way for the future. This could include negotiations with the insurance company of the other party, or filing an action in civil court. When you have a strong case that is supported by evidence, both parties will try to settle the issue prior to the trial. This will save time and money on legal fees. It can also ease the stress of litigation. A lawyer will examine your case and suggest a plan to help you get the maximum amount of compensation. This could include obtaining the evidence of experts, like doctors or economists to support your claim. If you have a solid argument to support your claim, your lawyer could be in a position to negotiate with the insurance company of the other driver in exchange for an appropriate settlement. Your lawyer can start a lawsuit if they are serious disagreements regarding the amount of compensation you should receive or who is responsible for the incident. Lawsuits are a complicated process and you must consult a professional personal injury attorney before starting one. It is important to remember that even the strongest case, it will require an enormous amount of time and effort on your part to be successful.