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The Basics of Car Accident Law If you or a loved one was involved in a car accident you might be worried about your legal rights. This article will help get a grasp of the fundamentals of New York car accident law. If you have been injured in a car accident Do not wait to talk with an attorney. To find out more about your rights, make an appointment with a lawyer 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 an No-Fault IME or a liability IME or liability IME, and is usually conducted by a doctor chosen by the insurance company with the aim of obtaining data that they can use to revoke your No-Fault benefits or to cast doubt on your claim. The IME is an examination performed by the doctor who does not know you and has not performed a treatment before. It will confirm your injuries as well as any treatment you have received in the past and provide a forensic report on 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 for broken bones. However, it may be needed for other injuries that take time to heal, like neck sprains and back pain. Although there is no way to stop the IME from occurring but you can take the necessary steps to ensure that it is as fair and equitable as you can. You could ask your Queens personal attorney if you can take a note of your IME. This will ensure that you're not being told anything that isn't in your medical records. While you must be friendly and cooperative during the IME you should also be honest about your injuries as well as the circumstances that led to the accident. The doctor who examines you will inquire about any injuries or other conditions that occurred prior to the accident. He will also inquire whether your lifestyle choices resulted in your current injury. These questions are crucial, and you need to be prepared for these types of questions. You may need to tell them that the knee issue was caused by the crash and has not improved. You might need to explain that you're having trouble walking or standing for more than a few minutes at a time, because these are critical aspects in determining your future physical limitations and the length of time it will take for you to recover fully from your injuries. How can you determine the extent of liability It doesn't matter if are in the middle of a multicar pileup or a accident involving a fender bender. In order to receive full compensation, it is essential to determine your liability under the car accident law. It can be a bit daunting and difficult to determine the fault. In the case of your state the way to determine fault is by examining the circumstances of the incident to determine who was responsible for violating motor vehicle laws, and what caused the accident. In most cases, if a driver was careless or didn't consider the safety of others, they could be considered to be negligent for the crash. Sometimes, accidents can be caused by a poorly maintained or constructed road. If this is the case, you may sue the government entity responsible. Insurance companies will examine the police report as well as other evidence from the crash to determine liability. They also will interview witnesses to gather their details. Negligent drivers could be held responsible for the accident and could be ordered to pay for damages. This includes damages for medical bills as well as property damage, injuries and pain. Most states have modified comparative fault rules that determine the amount of compensation for a driver based upon how much they are accountable for an accident. New York's 50% rule prohibits drivers from claiming damages from their insurance companies if found to be more than 50% at fault than they were in the event of an accident. While it can be difficult to determine who was at fault in an accident, there are some things you can do to ensure that you don't create any issues and hinder your efforts to obtain the full amount of compensation. First take a deep breath and focus on the safety and health of both yourself and others. Next, collect as all evidence you can, including photos of the scene, names and contact details for witnesses. Insurance Claims Insurance claims are an essential part of car accident law since they allow injured victims to receive the cost of their medical treatment and property damage. They also provide pain and suffering compensation for victims who have suffered emotional and psychological trauma as a direct result of the accident. One of the most important steps in pursuing an insurance claim is to file it as quickly as possible. If you wait too long, it could alter the outcome of your claim, and can lead to an investigation that can be costly and time-consuming. It is also crucial to have all the documents and evidence needed to back your claim. These documents include medical documents, reports, photographs of the scene, and witness statements. It is important that you find the contact and insurance information of the driver who was driving. This information can be used to submit a claim for coverage from the driver who was not insured and may also assist in determining who was responsible. Many insurers offer a checklist that can be downloaded on their mobile apps and printed in paper format. It provides the crucial information you should include in your insurance claim. These details could include the name of the other driver, insurance company, and the policy number; the license plate; any damage to your vehicle as well as any witnesses. It is also important to take photos of the scene of the crash and obtain information about the other driver. These photos can be sent to your lawyer and insurance company to ensure they have all the details required to process your claim. Another crucial aspect of insurance claims is to be honest about your injuries and damages. While it might be tempting to lie about your injuries or the accident but it could affect your chances of winning a lawsuit. Keep records of all your medical bills and any related costs, like lost wages, in the future. These records can be useful in calculating the value of your medical bills and negotiations with insurance companies. While it is not required by law, some states offer car insurance that covers the cost of medical treatment for the victim of a car crash regardless of who is at fault. This is referred to as “no fault” coverage. This type of insurance is not available to all drivers. However, it may be a good choice for some people. Filing a Lawsuit You may be entitled to compensation if you were injured in an auto accident that was not your fault. But, this is difficult to attain if the insurance company of the other driver does not agree to a fair settlement. In these cases you could decide to sue the other driver. Depending on the state where the accident occurred, the lawsuit process can take a few months or even years. Your lawyer should have access to your medical records as well as other evidence before he files the case. This will assist the attorney assess the severity and extent of your injuries. Your attorney will also require details about the incident which includes talking to witnesses and reviewing police reports. After your lawyer has gathered all the evidence required, they will meet you to discuss your situation with you and decide the best course of action. This could involve negotiations with the insurance company of the other party or filing a civil lawsuit. If you have a strong case, both sides will try to settle the case before a trial. This will save time and money on legal costs. It also helps reduce the stress of litigation. A lawyer will go over the details of your case, and provide suggestions for a strategy that can get you the maximum compensation possible. car accident lawyer pompano beach may include obtaining expert testimony, such as doctors or economists, to support your claim. If you have a strong argument to back your claim, your lawyer may be capable of negotiating with the insurance company of the other driver in exchange for an appropriate settlement. But if there are major disputes about the amount of compensation you deserve or who was responsible for the accident, your lawyer will probably pursue a lawsuit. It is a complex process to file a lawsuit and you should consult a seasoned personal injury lawyer before attempting one. It is crucial to remember that even in the event that you have a strong case, it will require a lot of time and effort on your part to win.