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The Basics of Car Accident Law You may be worried about your legal rights if someone loved ones has been involved in a car accident. car accident law firm worcester will help you get a grasp of the fundamentals of New York car accident law. If you've been injured in a car accident do not hesitate to speak with an attorney. To know more about your rights, make an appointment for a no-cost consultation with a lawyer in your area. Medical Exams In the majority of cases of car accidents the insurance company for the at-fault party will request that you undergo an independent medical exam. It can be a No Fault IME or an Liability IME. The insurance company will usually demand that you undergo an independent medical examination to determine if they hold any information that can be used to end your No-Fault benefits or to dispute your claim. The IME is an examination carried out by a doctor who is not familiar with you and has never previously treated you. It will confirm your injuries as well as any treatment you've received in the past. It will also provide a forensic report on your health. An IME is only required in extreme cases when your medical records aren't sufficient. This is usually the case for broken bones. However, it can be necessary for other types of injuries that take time to heal, including neck and back pain. Although there isn't a way to stop the IME from happening but you can take steps to ensure that it is as fair and equitable as possible. For instance, you can ask your Queens personal injury attorney to take a note of the IME and aid in ensuring that your doctor isn't telling you things that are not documented in your medical records. While you must be polite and cooperative during the IME, you also need to be honest about your injuries and the circumstances surrounding the crash. The examining doctor will ask about any injuries or circumstances that occurred prior to the accident. He will also inquire whether your lifestyle choices contributed to your current injury. These questions are vital and you should be prepared. You might need to inform them that the knee issue was caused by the crash and that it has not improved. You might need to explain that you have difficulty standing or walking for more than a few seconds at a time, because these are critical factors 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 amount of liability It doesn't matter whether you are involved in a multi-car collision or a fender bender. In order to receive full settlement, it's important to determine liability under car accident law. It's a complex, high-stakes process that can cause you to feel shaken and scared. In the case of your state the fault can be determined by examining the circumstances of the incident to determine who was responsible for violating motor vehicle laws, and what caused the crash. Usually, if a driver was careless or didn't consider the safety of others, they may be considered to be negligent for the crash. Sometimes, accidents can be caused by a poorly maintained or designed road. If this is the case, you could take legal action against the government entity responsible. In order to determine the liability, insurance companies review the police report and other evidence gathered during the crash to determine liability. They will also speak with witnesses and gather their information. Drivers who are negligent could be held responsible for the accident and may be required to pay for damages. This includes compensation for medical expenses as well as property damage and pain and suffering. Most states have modified the rules of comparative fault, which determine a driver's compensation based on how much they share of the responsibility for the accident. The 50% rule in New York prohibits drivers from claiming damages from their insurance companies if they are found to be more 50% at fault than they were in the event of an accident. When determining the cause of an accident can be confusing there are some things you can do to help ensure you don't create any problems for yourself and impede your efforts to get the full amount of compensation. First, take a deep breath and focus on the safety and health of yourself and other people. Then, be sure to gather evidence as soon as you can, including photos of the scene as well as names and contact information for witnesses. Insurance Claims Insurance claims are an important element of the law governing car accidents. They allow victims to get reimbursement for medical expenses and property damage. They also offer the right to compensation for those who suffer psychological and emotional trauma due to the crash. One of the most crucial steps to pursue an insurance claim is to file it as fast as possible. In the event of a delay, it can affect the outcome of your claim. It could also lead to an investigation that could be expensive and time-consuming. It is also important to have all the evidence and documents required to prove your claim. This includes medical records and reports, photographs of the scene, as well as witness statements. It is crucial to obtain the contact details of the other driver as well as insurance information , as well. This information can be used to make a claim for coverage from the driver who was not insured and also assist in determining who was responsible. Many insurers offer a checklist for their mobile apps or in print form that lists important details to include in an insurance claim. These items may include the other driver's name as well as the insurance company's name and policy number; license plates; any damage to your vehicle and any witnesses. It is also vital to take pictures of the scene of your accident and get information about the other driver. These images can be shared with your lawyer and insurance company to ensure that they have all of the information required to complete your claim. It is important to be honest about your injuries and damage when filing claims with insurance companies. While it might be tempting to lie about your injuries or accident but it could affect your chances of winning a lawsuit. You should also keep records of your present and future medical bills, as well as any related expenses like lost wages. These records can prove useful in calculating the value and in negotiating with insurance companies. While it's not mandatory by law, some states provide car insurance that will cover medical treatment for the victim of a car accident regardless of who was 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 an action You could be entitled to compensation if are hurt in a car accident that was not your fault. It can be difficult to claim this in the event that the insurance company of the other driver is unwilling to settle. In such cases, you may decide to file a lawsuit against the other driver. Depending on the state where the accident took place, the process of filing a lawsuit can take several months or years. Your lawyer must have access to your medical records as well as other documentation before he files the case. This will enable the lawyer to assess the severity and the extent of your injuries. Your attorney will also need to look into the accident thoroughly, including speaking with witnesses and studying police reports. Once your lawyer has gathered all the evidence required the attorney will meet with you to discuss the case and determine the best way for the future. This could involve negotiating with the insurance company of the other party, or filing a civil lawsuit. If you have a solid case that is supported by evidence, both parties will try to settle the matter before a trial. This can save time and money on legal costs. This can also help reduce anxiety from the stress of litigation. A lawyer will review your case and suggest an approach to ensure you receive the most money. This could include obtaining the evidence of experts, such as economists or doctors to prove your claim. If you have a convincing case to support your claim, your lawyer could be in a position to negotiate with the insurance company of the other driver for an appropriate settlement. Your lawyer could initiate a lawsuit in the event that there is a significant disagreement over the amount of compensation you should be awarded or who was at fault for the crash. Lawsuits are a complicated process, and you should always consult a seasoned personal injury attorney before starting one. It is important to keep in mind that even in the event that you have a strong case, it will take much time and effort on your part to win.