The Basics of Car Accident Law If you or someone close to you was involved in a car accident, you may be concerned about your legal rights This article will outline the fundamentals of New York's car crash law Talk to a lawyer immediately in the event that you've been injured in a car crash You can learn more about your rights by scheduling a free consultation with an attorney near you Medical Exams In a lot of car accident cases, the insurance company of the party responsible for the accident will require that you undergo an independent medical examination It can be either an No-Fault IME or a liability IME which will usually be performed by a physician selected by the insurance company for the purpose of finding information that they can use to terminate 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 had a consultation with you before It will confirm your injuries and any treatment you have received in the past It will also provide a forensic assessment of your health An IME is only needed in the most serious instances where your medical records aren't sufficient This is usually the case with fractured bones However, it may be required for other injuries that require time to heal, like back pain and neck sprains Although there is no way to stop the IME from occurring but you can take steps to ensure that it is as fair and fair as is possible You could ask your Queens personal attorney if they could keep a record of your IME This will ensure that you are not being told information which is not included in your medical records While you should be courteous and cooperative during the IME you must be honest about your injuries and the circumstances that led to the accident The doctor who examines you will inquire about any injuries or other circumstances that occurred prior to the accident He also will ask if your lifestyle choices have caused your current injury These questions are important, and you need to be prepared for them https//vimeocom/707234226 may need to tell them that the knee issue was caused by the crash and hasn't changed It may be necessary to mention that you are having difficulty standing or walking for more than a few seconds These are crucial factors in determining your physical limitations Determining Liability In the event of a multi-car pileup or a accident involving a fender bender, determining the liability as part of car accident law is crucial for obtaining the full amount of compensation Finding fault is a difficult, high-stakes process that can leave you feeling shaken up and intimidated Depending on the state, the cause of the accident can be determined through taking a look at the circumstances 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 fail to take care or disregard the safety of others Sometimes, an accident can be caused by an unmaintained or poorly designed road If this is the case, you may bring a lawsuit against the government entity responsible To determine the extent of liability, insurance companies will review the police report and other evidence collected during the crash They will also question witnesses and collect their details Negligent drivers may be held accountable for the crash and could be required to compensate for damages This includes damages for medical bills and property damage, as well as injuries and pain Most states have modified comparative fault rulesthat determine a driver's compensation based on how much they share the responsibility for the accident The 50 rule in New York prohibits drivers from claiming damages from their insurance companies if they're found to be more 50 percent at fault than they were for the accident Although it can be difficult to determine fault in an auto accident, there are some things you can do to ensure you don't cause any problems and hinder your efforts to obtain the full amount of compensation Take a deep breath, and then focus on your safety and health Next, collect as many evidence as you can, including photographs of the scene, names, and contact information for witnesses Insurance Claims Insurance claims are a vital part of the law on car accidents since they allow injured victims to collect compensation for medical expenses and property damage They also provide pain and suffering compensation for victims who suffer emotional and psychological trauma as a direct result of the collision It is essential to file an insurance claim as quickly as possible If you delay too long, it can result in a negative impact on the outcome of your claim It can result in an investigation that could be expensive and time-consuming Furthermore, it is crucial to have the necessary documents and evidence to prove your claim These documents include medical documents, reports, photographs of the scene and witness statements It is essential to get the contact details of the other driver as well as insurance information , as well This information can be used to submit a claim for coverage from the other driver and help determine who was at fault Many insurers have a checklist on their mobile apps or in a printed form that lists the most important information to include in an insurance claim These details could include the other driver's name along with the insurance company's the policy number; the license plate; any damage to your vehicle and any witnesses It is also vital to take photographs of the scene of your accident and also get information on the other driver These photos can be shared with your lawyer and insurance company to ensure they have all of the information needed to process your claim It is essential to be honest about your injuries and the damages you suffered when filing insurance claims While it might be tempting to lie about your injuries or about the accident but it could affect your chances of winning a lawsuit Keep the track of all your medical bills and any resulting expenses, such as lost wages, for the future These records are useful in calculating the value and negotiations with insurance companies Although it's not legally required to be covered, some states provide insurance for automobiles that covers medical treatment for the victims of car accidents, regardless of the fault This type of insurance is known as "no-fault" coverage While this type of insurance limits the possibility of seeking compensation from other drivers, it can be an option for some people Filing a Lawsuit You could be entitled to compensation if you were injured in an auto accident that was not your fault However, this could be difficult to obtain if the insurance company of the other driver isn't willing to accept a reasonable settlement In these cases you could decide to file a lawsuit against the other driver The lawsuit process can take up to a few years, based on the state in which the accident occurred Before submitting the case, your lawyer will need access to your medical files and other documentation This will allow the attorney to determine the severity and extent of your injuries Your attorney will also need to look into the accident thoroughly including talking to witnesses and reviewing police reports After your lawyer has collected all the evidence needed, they will meet you to discuss your case with you and determine the best way forward This could include negotiating with the insurance company or filing an action in civil court If you have a strong case that is supported by evidence, both parties will try to settle the case prior to the trial This can help you save time and money on legal costs This can also help reduce stress caused by the stress of litigation A lawyer will analyze your case and suggest an approach to ensure you receive the maximum amount of compensation This could involve obtaining expert evidence, such as economists or doctors, to support your claim If you have a solid case, your lawyer can negotiate with the insurance company of the other driver company for a fair settlement If there are serious disagreements over the amount of the compensation you're entitled to or who was at fault for the accident, your lawyer will probably bring a lawsuit It's a lengthy process to start a lawsuit Before you do it, you should seek the advice of a seasoned personal injury attorney It's important to remember that even the strongest case, it will require an enormous amount of time and effort on your part to be successful