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car accident lawsuit tyler of Car Accident Law If you or someone close to you was involved in a car crash, you may be concerned about your legal rights. This article will outline the basics of New York's car accident law. If you've been injured in a car accident, don't wait to speak with an attorney. You can find out more about your rights by scheduling your free consultation with an attorney in your area. Medical Examinations In many cases of car accidents, the insurance company of the at-fault party will require you to undergo an independent medical examination. It can be either a No-Fault IME or a liability IME or liability IME, and is usually performed by a doctor selected by the insurance company with the intention of finding information that they can use to cancel your No-Fault insurance or cast doubt on your claim. The IME is an examination carried out by a doctor unfamiliar with you and has never had a chance to treat you before. It will confirm your injuries and any treatment you have received in the past and provide a forensic report on your health. An IME is only needed in the most serious instances where your medical records aren't sufficient. This is most often the case for broken bones. It's not always necessary for injuries that take time to heal, such as back pain or neck sprains. There is no way to prevent the IME from happening, however, you can take steps to ensure that it is as fair as you can. For instance, you can ask your Queens personal injury lawyer to take a note of the IME which will help ensure that the doctor is not giving you information that is not documented in your medical records. While you should be friendly and cooperative during the IME you must also be honest about the injuries you sustained as well as the circumstances surrounding the accident. The doctor that examines you will inquire about any injuries or conditions that have occurred prior to the accident. The doctor will also inquire whether your lifestyle choices contributed towards your current injury. These are important questions and you must be prepared. You may need to tell them that your knee pain was caused by the crash, and that it isn't getting better. It is possible to say that you're having difficulty standing or walking for more than a few seconds at a time, as these are critical aspects in determining your future physical limitations and how long it will take for you to fully recover from your injuries. Determining Liability In the event of an all-car pileup or fender bender, determining responsibility under law governing car accidents is essential in securing full compensation. It's a complex high-risk process that could cause you to feel shaken and overwhelmed. Depending on the state, the degree of 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 other motorists. In some instances, a road that is poorly maintained or constructed could also be the cause for the accident. If this is the case, you could sue the government entity responsible. Insurance companies will examine the police report and other evidence from the accident to determine the liability. They will also speak with witnesses to collect their information. Negligent drivers may be held responsible for the crash and could be ordered to pay for damages. This includes compensation for medical bills or property damage as well as suffering and pain. Most states have modified comparative blame laws that determine the amount of compensation for a driver depending on the extent to which they are responsible for an accident. The 50% rule in New York prevents drivers from seeking damages from their insurance companies if they are found to be more 50 percent at fault than they were in the event of an accident. Although determining the fault of a car accident can be difficult there are some actions you should take to ensure that you don't create problems for yourself and impede your efforts to get full compensation. First, take a deep breath and focus on the safety and health of your family and friends. Be sure to gather evidence as quickly as possible, including photos of the scene and names and contact numbers for witnesses. Insurance Claims Insurance claims are an important part of the law on car accidents, as they allow injured victims to recover the cost of their medical treatment and property damage. They also offer the right to compensation for those who have suffered emotional and psychological trauma as a result of the accident. It is important to file an insurance claim as quickly as possible. If you wait too long, it could alter the outcome of your claim, and can lead to an investigation, which could be expensive and time-consuming. It is also important to have all the documents and evidence necessary to support your claim. This includes medical records, reports, photos of the scene, as well as witness statements. It is important to find the contact information of the other driver and insurance information as well. This information can be used to file a claim to get insurance coverage from the other driver and help determine who was responsible. Many insurance companies have an insurance checklist available on their mobile apps or in print form that provides important information to include when filing an insurance claim. This could include the name of the other driver as well as the insurer and the policy number; the license plate or any damage to your vehicle; as well as any witnesses. In addition, it's crucial to take photographs of the scene of the collision and also get the name of the other driver and their phone number. Then, you can provide these to your lawyer as well as your insurance company to ensure that they have all of the details required to process your claim. Another crucial aspect of insurance claims is to be truthful about your injuries and the damages. While it may be tempting to lie about your injuries or the accident this can affect your chances of winning a lawsuit. Keep a record of your present and future medical bills, as well as any associated costs, like lost wages. These records can prove useful in calculating their value and negotiating with insurance companies. While it's not required by law, certain states provide car insurance that covers medical treatment for victims of a car accident , regardless of who was at 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 get injured in a car accident that was not your fault. However, this could be difficult to achieve when the other driver's insurance company does not agree to an acceptable settlement. In these situations you may decide to sue the other driver. Depending on the state in which the accident occurred, the lawsuit process can take a few months or years. Your lawyer will need have access to your medical records as well as other documents before he files the case. This will allow the lawyer to assess the severity and extent of your injuries. Your attorney will also require information about the accident, including talking with witnesses and looking over police reports. After your lawyer has gathered all the evidence necessary for your case, they will meet with you to discuss your issue with you and figure out the best way forward. This could include negotiating with the other party's insurance company or filing a civil lawsuit. If you have a compelling case and both sides are willing to try to settle the matter before a trial. This can save time and money on legal fees. It can also reduce stress caused by litigious situations. A lawyer will look over the specifics of your case and offer suggestions on a strategy that will allow you to receive the most compensation you can get. This may include obtaining expert testimony, such economists or doctors, to support your claim. If you have a strong case, your lawyer will negotiate with the insurance company 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're entitled to receive or who was responsible for the accident. Lawsuits are a complicated process and it is recommended that you consult an experienced personal injury attorney prior to starting one. It is important to remember that winning a lawsuit could be difficult even if your case appears strong.