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 you learn the basics of New York car accident law Talk to a lawyer immediately If you've suffered injuries in a car crash To learn more about your rights, make a free consultation with a lawyer near you Medical Exams In the majority of car crash cases the insurance company of the at-fault party will require that you undergo an independent medical examination It can be an No-Fault IME or a liability IME and will typically be conducted by a physician selected by the insurance company for the purpose of obtaining data that they can use to revoke your No-Fault coverage or cast doubt on your claim The IME is an examination conducted by a doctor who doesn't know you or have never previously treated you It is designed to confirm the severity of your injuries and the treatment you received in the past Additionally, it will give a forensic analysis of your health An IME is only necessary when you've suffered an injury that is serious and is not confirmed by your own medical records, and is usually done in the case of broken bones However, it may be required for other kinds of injuries that require time to heal, like neck sprains and back pain There is no way to stop the IME from happening, however, you can take a few steps to make it as fair as is possible For example, you can ask your Queens personal injury attorney if you can take a note of the IME and aid in ensuring that the doctor isn't telling you things that are not recorded in your medical records While you should be courteous and cooperative during the IME you should also be honest about the injuries you sustained as well as the circumstances that led to the accident The doctor conducting the examination will want to find out about any other health issues or injuries that may have been sustained prior to the accident as well as whether or not your lifestyle choices have contributed to your current injury or diminished recovery These are important questions and you must be prepared For instance, you could be asked to prove that you have a particular knee issue that was caused by the crash and hasn't improved since It is possible to note that you have difficulty walking or standing for more than a few moments These are significant factors in determining your future physical limitations How do you determine the what constitutes It doesn't matter if are in the middle of a multicar collision or a accident involving a fender bender In order to receive full compensation, it is important to determine your liability under the car accident law It can be daunting and difficult to determine the fault Based on the state you live in, fault may be determined by looking at the details of the incident to see who violated motor vehicle laws, as well as what factors contributed to the crash Most of the time, if a driver was negligent or did not consider the safety of other drivers, 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 could sue the government entity responsible Insurance companies will study the police report and other evidence from the crash to determine the liability They will also interview witnesses and gather their details Negligent drivers may be held responsible for the accident and may be ordered to pay for damages This includes compensation for medical bills as well as property damage, suffering and pain Most states have modified comparative blame 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 prevents drivers from seeking damages from their insurance companies if they're found to be more than 50 at fault than they were for the accident When it comes to determining fault in an auto accident can be confusing there are a few things you can do to ensure that you don't cause problems for yourself and impede your efforts to receive the full amount of compensation First, take the time to breathe deeply and focus on the safety and health of both yourself and others Be sure to collect evidence as quickly as you can, including photos of the scene as well as names and contact information for witnesses Insurance Claims Insurance claims are an important part car accident law They allow victims to receive compensation for medical expenses as well as property damage They also provide compensation for pain and suffering to victims who suffer emotional and psychological trauma as a direct result of the accident It is essential to file an insurance claim as quickly as you can A delay in filing can alter the outcome of your claim, and can lead to an investigation, which 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 records, reports, photographs of the scene as well as witness statements It is essential that you obtain the contact information and insurance details of the other driver This information can be used to make a claim for insurance from the other driver and help determine who was at fault Many insurers offer an insurance checklist available on their mobile apps or in print form that outlines important details to include when filing an insurance claim This could include the other driver's name along with the insurance company's the policy number; license plates; any damage to your car as well as witnesses It is also important to take photographs of the accident scene and gather information about the other driver Then, you can send these photos to your lawyer as well as your insurance company to ensure they have all the information needed to process your claim It is essential to be truthful about your injuries and damages when filing claims for insurance While it is tempting to deny your injuries or accident it could affect your chances of winning the case You should also keep records of your current and future medical bills as well as any resulting expenses such as lost wages These records could be helpful when calculating the value of your claim as well as negotiating with an insurance company Although it's not legally required to be covered, some states offer insurance for cars that covers medical treatment for victims of car accidents, regardless of fault This insurance is known as "no fault" coverage This type of insurance isn't available to all drivers However, it can be a viable option for some Filing a Lawsuit You may be entitled to compensation if you were injured in an auto accident that wasn't your fault However, this may be difficult to achieve when the insurance company of the other motorist does not agree to a fair settlement In these situations, you may decide to sue the other driver The process of suing can take up to a few years, based on the state where the accident occurred Your lawyer will need to have access to your medical records and other documents before he files the case This will allow the attorney to assess the severity and the extent of your injuries Your attorney will also need information about the accident such as talking to witnesses and reviewing police reports After your attorney has gathered all the evidence required, they will meet you to discuss your case with you and determine the best method to proceed This could involve negotiating with the insurance company of the other party, or filing a civil lawsuit If you have a solid case the two sides will attempt to settle the issue prior to trial This will save you time and money on your legal costs This can also help reduce anxiety from the stress of litigation A lawyer will look over the specifics of your case and provide suggestions on a strategy that can get you the most compensation you can get This may include obtaining expert testimony, such economists or doctors to back up your claim If you have a strong case, your lawyer may negotiate with the other driver's insurance company for an acceptable settlement But if there are major disagreements about the amount you should be paid or who was responsible for the crash, your lawyer will probably start an action https//vimeocom/707195935 is a complex process to file a lawsuit and it is recommended that you consult an experienced personal injury lawyer prior to launching one It is crucial to keep in mind that winning a lawsuit can be difficult even if your case is solid