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The Basics of Car Accident Law There are many reasons to be concerned about your legal rights if you or someone you care about has been involved in a car accident. This article will outline the fundamentals of New York's auto accident law. Speak to a lawyer as soon as possible if you have been hurt in a car accident. You can learn more about your rights by scheduling an appointment for a free consultation with an attorney near you. 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 can be a No-Fault IME or a liability IME or liability IME, and will usually be performed by a doctor selected by the insurance company with the aim of obtaining information they can use to end your No-Fault coverage or cast doubt on your claim. The IME is an examination conducted by a doctor unfamiliar with you and who has never treated you before. It will confirm your injuries as well as any treatment you've received in the past. It will also give a forensic analysis of your health. An IME is only needed in serious cases where your medical records are not sufficient. This is usually the case for broken bones. However, it is sometimes required for other kinds of injuries that have taken time to heal, like neck sprains and back pain. There is no way to prevent the IME from happening, but you can take a few steps to make it as fair as it can be. You could ask your Queens personal attorney if they could document your IME. This will ensure that you are not being informed of anything that is 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 surrounding the accident. The examining doctor will ask about any injuries or other issues that occurred prior the accident. The doctor will also inquire if your lifestyle choices have caused your current injury. These are the most important questions to ask and you should be prepared. For instance, you might need to state that you have a specific knee issue that was caused by the crash and hasn't improved since. You might have to mention that you are having trouble walking or standing for more than a few minutes at a time, because these are important factors in determining your physical limitations and how long it will take you to fully recover from your injuries. Determining Liability It doesn't matter whether you are dealing with a multicar pileup or a Fender bender. To receive the full amount of compensation, it's essential to determine who is responsible under car accident law. It can be a bit daunting and confusing to determine the fault. Based on the state, the fault can be determined by reviewing the details of the incident and determining who is in violation of motor vehicle laws. In general, negligent drivers could be blamed for the accident when they're careless or disregard the safety of others. In certain instances the road poorly maintained or constructed could also be the cause for the accident. If this is the case, you may take legal action against the government entity responsible. In order to determine the liability, insurance companies will examine the police report and other evidence collected during the crash. They will also speak with witnesses and gather their details. Negligent drivers may be held responsible for the accident and could be required to compensate for damages. This includes compensation for medical bills as well as property damage, and pain and suffering. Most states have modified comparative blame laws that determine the amount of compensation for a driver based upon how much they are accountable for an accident. In some states, like New York, the 50 bar rule states that drivers who are found to be more than 50% responsible for an accident can't recover damages from their insurers. Although it isn't easy to determine the cause of a car accident but there are some things you can do to ensure that you don't cause any issues and hinder your efforts to receive the full amount of compensation. Take a deep breath and then pay attention to your safety and health. Also, make sure to gather evidence as soon as you can, including photos of the scene and names and contact numbers for witnesses. Insurance Claims Insurance claims are an important element of the law on car accidents. They allow victims of injuries to get reimbursement for medical expenses and property damage. They also provide pain and suffering compensation for those who are suffering psychological and emotional trauma in the aftermath of the crash. It is crucial to submit an insurance claim as quickly as possible. A delay in filing can affect the outcome of your claim and lead to an investigation, which can be costly and time-consuming. Additionally, it is important to have the appropriate documents and evidence on hand to back up your claim. car accident attorney cincinnati include medical records, reports, photographs of the scene as well as witness statements. It is important to find the other driver's contact and insurance information as well. This information can be used to make a claim for coverage from the other driver and also assist in determining who was responsible. A lot of insurers have a checklist for their mobile apps or printed form that provides important information to include when filing an insurance claim. These items could include the name of the other driver, insurance company and policy number, license plates and any damage to your car; and any witnesses. Additionally, it is crucial to take photographs of the scene of your accident and obtain the name of the driver who caused the accident as well as his phone number. These images can be shared with your lawyer and the insurance company to ensure they have all of the information necessary to process your claim. Another crucial aspect of insurance claims is to be truthful about your injuries and the damage. Although it can be tempting to deny your injuries or accident but this could hurt your chances of winning the case. Keep track of all your medical bills and any resulting costs, like lost wages, in the future. These records can be useful in calculating their value and in negotiating with insurance companies. While it's not legally required, some states offer insurance for cars that will cover medical treatment for victims of a crash, regardless of who was at the fault. This kind of insurance is known as “no-fault” coverage. While this type of insurance is limited to the ability to seek compensation from other drivers, it can be a good option for some people. Filing an action You may be entitled to compensation if you suffer injuries in a car accident that was not your fault. This is a challenge if the insurance company of the other driver is unwilling to settle. In these situations you could decide to sue the other driver. Based on the state in which the accident took place, the process of filing a lawsuit can take a few months or even years. Before submitting the case, your lawyer will need access to your medical records as well as other evidence. This will assist the attorney assess the severity and extent of your injuries. Your attorney will also need details about the accident such as talking to witnesses and reading police reports. Once your lawyer has gathered all the evidence needed and has met with you, they will be able to discuss your situation with you and decide the best method to proceed. This could involve negotiating with the insurance company of the other party, or filing an action in civil court. When you have a strong case and both sides will try to settle the issue prior to a trial. This will save time and money on legal costs. It can also ease the stress of litigation. A lawyer will analyze your case and suggest a plan to help you get the maximum amount of compensation. This could include obtaining the testimony of experts, like economists or doctors to support your claim. If you have a convincing argument to back your claim, your lawyer could be able to negotiate with the insurance company of the other driver for an acceptable settlement. But if there are major disputes about the amount of compensation you deserve or who is at fault for the crash Your lawyer will likely pursue an action. It's a complicated procedure to make a lawsuit. Before you begin, it is advisable to consult an experienced personal injury attorney. It is crucial to remember that even when you have a solid case, it will require a lot of time and effort from you to be successful.