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The Basics of Car Accident Law You might be concerned about your legal rights if someone you care about has been involved in a car accident This article will outline the fundamentals of New Yorks auto accident law If you have been injured in a car accident Dont hesitate to speak to a lawyer To know more about your rights schedule an appointment for a nocost consultation with a lawyer near you Medical Examinations In a lot of cases of car accidents in which the insurance company for the atfault party will require that you undergo an independent medical exam It could be a NoFault IME or a liability IME and it will typically be conducted by a doctor selected by the insurance company with the intention of obtaining information they can use to terminate your NoFault benefits or to cast doubt on your claim The IME is a test performed by a doctor who doesnt know you or have never previously treated you It will confirm your injuries as well as any treatment you have received in the past and provide a forensic assessment of your health An IME is only necessary in situations where you have suffered an injury of a serious nature that cannot be confirmed through your medical records and is typically used in cases of broken bones Its not always necessary for injuries that take a while to heal like back neck pain or neck strains Although there is no way to prevent the IME from happening but you can take steps to ensure that it is as fair and as fair as is feasible For instance you could ask your Queens personal injury attorney if you can keep a record of the IME and aid in ensuring that the doctor is not giving you information that is not in your medical records While you should be friendly and cooperative during the IME you should be honest about the injuries you sustained as well as the circumstances that led to the accident The doctor that examines you will inquire about any injuries or issues that occurred prior the accident He also will ask if your lifestyle choices have contributed to your current injury These questions are important and you need to be prepared for these types of questions For instance you may be required to explain that you have a particular knee issue which was caused by the accident and hasnt improved since You might have to mention that youre having difficulty walking or standing for longer than a few minutes at a time since these are important factors in determining your physical limitations and how long it will take for you to fully recover from your injuries Determining Liability It doesnt matter whether you are dealing with a multicar collision or a collision involving a fender To be able to claim full compensation its essential to determine who is responsible under car accident law It can be daunting and difficult to determine the fault Depending on your state fault may be determined by looking at the details of the incident to determine who was responsible for violating motor vehicle laws and what factors contributed to the accident In general negligent drivers could be blamed for the crash when theyre careless or do not consider the safety of other motorists Sometimes accidents could be caused by a poorly maintained or constructed road If this is the case you could seek legal action against the responsible government agency Insurance companies will examine the police report as well as other evidence from the crash to determine the extent of liability They will also interview witnesses and gather their information If the accident was caused by a negligent driver they may be found to be at the fault and must pay compensation for the damages This includes compensation for medical expenses as well as property damage pain and suffering Most states have modified comparative blame laws that determine the amount of compensation for a driver in relation to the amount they are at fault for an accident In certain states such as New York the 50 bar rule means that drivers who are found to be more than 50 responsible for an accident cant recover damages from their insurers Although it can be difficult to determine who was at fault in an auto accident There are a few ways to ensure that you dont cause any issues or hinder your efforts to receive the full amount of compensation Take a deep breath and then focus on your safety and health Next gather as car accident settlement surprise as you can including pictures of the scene names and contact details for witnesses Insurance Claims Insurance claims are an important aspect of the law regarding car accidents They allow injured victims to get compensation for medical expenses and property damage They also provide compensation for pain and suffering for those who suffer emotional and psychological trauma as a direct consequence of the collision One of the most crucial steps to pursue an insurance claim is to file it as soon as possible If you delay too long it could have a negative impact on the outcome of your claim It can cause an investigation that could be costly and timeconsuming It is also important to have all the evidence and documents necessary to support your claim These documents include medical records reports photographs of the scene and witness statements It is crucial to obtain the contact information for the other driver as well as insurance information as well This can help you make claims for the coverage of the other driver and can also aid in determining who was responsible for the accident A lot of insurers provide an insurance checklist that can be downloaded on their mobile apps and printed out in paper format It outlines the important details you need to include in your insurance claim This could include the name of the other driver along with the insurance companys the policy number the license plate or any damage to your vehicle and witnesses It is also vital to take pictures of the scene of the accident and get information about the other driver You can then give these to your lawyer and your insurance company to ensure they have all of the details required to process your claim Another important aspect of insurance claims is to be truthful about your injuries and the damage While it is tempting to ignore your injuries or accident it could affect your chances of winning an appeal You should also keep records of your current and future medical bills as well as any associated costs like lost wages These records could aid in calculating the value of your claim and negotiating with an insurance company Although it isnt legally required some states offer insurance for cars that will cover medical treatment for the victim of a car crash regardless of who was at the fault This type of insurance is known as nofault coverage While this type of insurance restricts 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 were injured in an auto accident that wasnt your fault But this is difficult to get if the insurance company of the other driver isnt willing to accept an appropriate settlement In these situations you may choose to sue the other driver The lawsuit process can take up to several years depending on the state where the accident took place Your lawyer will need to have access to your medical records and other documents prior to filing the case This will enable the lawyer to assess the severity and extent of your injuries Your attorney will also require details about the accident and the witnesses such as speaking with them and reading police reports Once your lawyer has gathered all the evidence needed they will meet with you to discuss the case and decide on the best route for the future This could include negotiating with the insurance company of the other party or filing an action in civil court If you have a compelling case both sides will try to settle the case prior to trial This will save time and money on legal costs This can also help reduce stress from litigious situations A lawyer will look over the details of your case and make suggestions for a strategy that will allow you to receive the highest amount of compensation This may include obtaining evidence of experts like doctors or economists to back up your claim If youve got a strong argument to support your claim your lawyer may be able to negotiate with the insurance company of the other driver in exchange for an acceptable settlement Your lawyer may start a lawsuit if they are serious disagreements regarding the amount of compensation youll be awarded or who was at fault for the incident The process of filing a lawsuit can be a bit complicated and you must consult a professional personal injury lawyer prior to launching one It is important to remember that winning a lawsuit could be difficult even if your case appears strong