Arizona Accident Lawyer Blog

As a specialist certified by the Arizona State Bar in personal injury and wrongful death litigation, I am surprised at how many people trust the insurance company for the driver that caused the accident, yet distrust a lawyer that they hire. More specifically, people often refuse to even consider hiring a personal injury attorney. Instead, many attempt to handle an accident injury case on their own, and end up speaking directly to the insurance company representing the person that caused the injury.

Now, I understand that I am an attorney that deals in Arizona personal injury law, and so realize my own bias when I write about trusting a personal injury lawyer before trusting the other side’s insurance company. Yet I also know that I help people who are hurt due to someone else’s negligence.

But the reason we bring this up is not to plug our Arizona personal injury firm, or even myself as a personal injury lawyer. Yes, we do pride our efforts in fighting for our clients. Further, we know that we deal in a straightforward manner with our clients and are always honest with them so that they know what lies ahead. But as experienced personal injury attorneys, we also know how to protect our clients from making mistakes that might jeopardize their claim. We understand that it is neither about our firm nor is it about our top notch personal injury lawyers, but about having experienced legal representation when speaking with an adverse insurance company about a personal injury claim. And the more serious the personal injury claim, the truer this is.

Continue reading "Do Not Talk to the Other Person's Insurance Company Before Talking to an Experienced Personal Injury Attorney" »

1. Insurance companies always try to do what is fair and just, and are not just focused on profit or their bottom line.
2. When their client is at fault, an insurance company will always admit it. They would never dream up ridiculous arguments to try to take the blame away from their negligent client, especially if the person injured was not at fault. An insurance company will, in fact, do an investigation so that the person injured by their client will be treated fairly, even if doing so involves admitting fault and accepting total responsibility.
3. Insurance companies never would deny that the people they insure did not cause an injury when they were negligent in a car accident. Insurance companies are far too moral to blame pre-existing conditions to avoid paying your claim in full. And they certainly would never hire doctors who would try to deny that it was their client that caused an injury.
4. An insurance company would never attempt to short change a payment to a person injured due to the negligence of someone they insure and, in fact, will always agree to settle amicably with the injured party for full and fair compensation. The insurance company will never make an injured person go to extreme lengths to prove how the injury affected his or her life, and will readily offer to pay every penny that is deserved in compensation.
5. Insurance companies will admit exactly how much is available to pay a claim. An injured person never needs to worry that the insurance company will deny that other insurance policies exist that can also be claimed against. Insurance companies are very helpful, and will readily share information about other insurance policies the negligent party holds with them that are available to claim against.

Continue reading "Five Reasons to Not Hire a Top Personal Injury Attorney to Aid in an Insurance Claim after an Accident that Results in Injury" »

Personal injury lawyers in Phoenix will very rarely advise their clients or potential clients to give a recorded statement to an insurance company. Also, where this recorded statement is appropriate, if a recorded statement is going to be given, it should almost always be given with your lawyer at your side.

Very often, the insurance company will claim that a recorded statement is required. However, when dealing with the insurance company for the driver who caused an accident, there is no law that requires a recorded statement. The reality is that this is more of a tactic used by the insurance companies to try to get something recorded that they can later twist and use against the person who is injured.

Many times I have told people not to give a recorded statement and they object by pointing out that they will just tell the truth. Well, of course they will tell the truth. You are required to tell the truth. If you are going to work with any lawyer that is any good, they will not work with you if you do not tell the truth.

However, ask yourself whether or not you can trust the insurance company to use that statement honestly or, in the alternative, if they might look to find ways to twist your words and use them against you. If they really just wanted to know what happened in the accident, why do they insist upon recording the statement? They could simply ask you what happened? They could ask you to put it in writing? However, if they just ask you what happened they won’t be able to twist your words against you later, or at least it becomes more difficult to do so.

Continue reading "Is it Okay to Give a Recorded Statement to the Insurance Company?" »

Phoenix, Arizona auto accident lawyers deal with insurance claims on a regular basis. In fact, with most personal injury attorneys, bringing a claim against the insurance company for the driver at fault is a major part of what is done for the client on a daily basis. Many people who have been involved in an accident do not understand the role of the insurance company for the adverse party.

Insurance companies make a profit, in part, by minimizing the amount they pay somebody who's been injured as a result of the negligence of their insured driver. Many people believe that they can negotiate with the other insurance company for a "fair" settlement. However, it is very important to keep in mind that it is not the role of the other person's insurance company to act in a fair manner. Instead, they will usually take every step possible to minimize the amount of a claim they make.

Filing an insurance claim is not the same as filing a lawsuit. The steps that need to be taken, the deadlines that exist, and the games that may be played by the adverse party are very different. The rules of evidence which apply in a personal injury trial in the State of Arizona do not come into play with almost any of the negotiations that could take place with an insurance company.

Continue reading "Phoenix Insurance Claim Lawyer" »

After a motorcycle collision, an insurance company may try to persuade an injured motorcyclist into believing that a settlement is fair, when in fact, it is not. Even though this is not always the case after a motorcyclist is injured by another person’s negligence in an accident, the reality, however, is that the party that is attempting to deny payment to a seriously injured person must first prove their case. By hiring experts, reviewing all the facts, and engaging a skilled Arizona injury attorney after a Chandler motorcycle crash, an injured person can prevent the liable party’s insurance company from denying fair compensation.

Another common way insurance companies try to deny compensation to someone who is legally owed payment on a personal injury claim is by not explaining the nuances of uninsured and underinsured motorist laws when it comes to Arizona motorcycle accidents.

Even if the motorcycle on which you were riding may not have any insurance on it for uninsured or underinsured motorists, if any vehicle owned by a family member living in your household has such coverage, it may very well cover your motorcycle collision. Knowing about underinsured motorist coverage is especially important, as so often the liable driver’s insurance company will not cover the full compensation for damages after a serious motorcycle crash.

Continue reading "Ensuring Fair Compensation after Being Injured in a Chandler Motorcycle Accident" »

While insurance issues and making sure that medical expenses are covered may not be the first thing on an auto accident victim’s mind, these issues inevitably come up. However, this is why underinsured motorist coverage can be beneficial for motorists to have.

What happens if the people responsible for causing the auto accident you are involved in does not have auto insurance? One option to consider is underinsured motorist coverage claims. Either an injured person’s own policy or that of a family member can begin helping to pay medical expenses and other costs related to the accident once the negligent party’s insurance has run out. Medical expenses, lost wages, pain, suffering, and anything else for which an injured party can legally collect damages related to the accident should be covered. ‘

So if a person caused an accident that resulted in $80,000 in medical bills alone, and the responsible party only had $100,000 of insurance, then the person’s policy would be nearly exhausted through the claims for the medical expenses alone. It would be imperative in a case such as this to investigate whether an underinsured motorist policy would apply.

Continue reading "Making Sure Medical Expenses are Compensated after a Car Accident in Chandler" »

The negligent driver and the driver’s insurance company will do everything possible to deny payment to someone injured in nearly any Maricopa County motorcycle accident. Many of these games are the same ones that insurance companies play against seriously injured car accident victims. There are a number of things the insurance company will try to do in an attempt to deny motorcycle victims a fair settlement. It is because of the way in which insurance companies treat motorcycle accident victims that makes having an experienced personal injury Arizona lawyer so invaluable.

The plethora of ways in which an insurance company will try to deny fair payment is too long to list here. There are, however, some common issues that tend to come up. First of all, nearly anyone who rides a motorcycle in Arizona knows that helmets are not required for those over the age of eighteen. It is therefore legal for a person to ride a motorcycle anywhere in Arizona without wearing a helmet. There is also an Arizona law that allows the insurance company of the driver who caused the accident to deny payment if the motorcyclist failed to wear a helmet.

Continue reading "Do Insurance Companies Try to Deny a Fair Settlement to Injured People after a Chandler, Arizona or Maricopa County Motorcycle Accident?" »

In addition to a negligent party’s insurance, an auto accident injury victim may have coverage of which they are not aware. This is called uninsured motorist coverage, and this coverage pays out when there is an accident involving the insured in which the other party does not have insurance. Many times, an injury victim in Chandler, Arizona is afraid to file under uninsured motorist coverage because they do not know their rights in such cases.

Arizona law does not allow the insurance company to raise people’s insurance rates if they claim under their uninsured motorist coverage. Filing an uninsured motorist claim, known also as a UM claim, is the best way to protect your rights if the responsible party does not have insurance. The reason uninsured motorist coverage exists is to protect you in the event you are seriously hurt in a car accident in which the responsible party does not have insurance.

As Phoenix personal injury attorneys, we often explain that the law requires that everyone carry liability coverage. If someone were at fault in an accident, that person’s liability coverage will pay damages for those injured due to the driver’s negligence. Yet uninsured or underinsured motorist coverage (UM and UIM) will protect those hurt due to someone else’s negligence in a motor vehicle accident when the at fault driver either has no insurance or does not have enough insurance to cover all damages. Not to pursue either uninsured or underinsured motorist coverage after a serious Arizona car accident would make very little sense in such cases.

Continue reading "Uninsured Motorist Coverage in Arizona" »

The answer to this question is almost always no. A settlement is a one time thing in nearly every Arizona personal injury case. The insurance company has an obligation to the people it insures, and someone who causes a serious accident that results in an injury does not want to get sued by the same person for the same accident. They want their insurance company to make sure that it pays all the money that is owed to the injured party so that there is no recourse against them later.

Consider this, if you were in an accident that you caused and had insurance to protect against such an eventuality, you would expect your insurance company to do everything possible so that you would be protected. You would not want to owe anything more to the injured party, as you would expect your insurance to take care of it, as that is what insurance does. It would not make sense if the insurance company paid out the injured party everything they wanted and then left you in a position in which you could still be sued for more money. In such a case, you would have a very valid disagreement with the insurance company, as the insurance company would not be doing the job for which you paid it. Insurance in cases like these is to protect a negligent party from financial loss.

Continue reading "Can I Settle My AZ Personal Injury Case and Get Money Later for Medical Bills and Lost Wages incurred after I Settle?" »

Many car accidents in and around Chandler, Arizona unfortunately involve people who were responsible for the accident but do not have any insurance. This can be a frustrating scenario for someone who has been seriously injured in such a car accident for which he or she was not responsible. Though there is no easy solution for such a problem, finding a skilled auto accident attorney in Chandler can make things considerably easier.

Firstly, just because a driver did not have insurance does not mean there is no insurance claim. There is always a chance that the driver lied about the availability of insurance for the car accident claim. As experienced personal injury attorneys, we have seen cases in which our investigation uncovered insurance that could help our client pay for medical expenses, lost income, and other compensation for injury incurred from the accident.

Continue reading "How Can I Make an Insurance Claim when the Other Driver Had No Insurance?" »

As a victim of a personal injury, the insurance company will not be on your side. It is not their job to be on your side and, in fact, the insurance company has an obligation to not be on the side of any personal injury victim. This stems from the fact that most insurance companies are publicly traded, and are obligated to make a profit for their shareholders. Paying out huge settlements does not help an insurance company’s profit margin, so they will try to do everything possible to keep from paying out large sums.

Any documentation you get from an insurance company after a Chandler car accident is almost certainly not for the benefit of you as a personal injury victim nor will these forms protect your personal injury claim. Now, this does not mean the insurance company is diabolical, and neither does it mean that the documents cannot be filled out at some point. Yet because the insurance company will not be on your side, any documents you get from them should be looked at by a top Chandler car accident attorney. Not consulting with a Chandler personal injury lawyer before filling out such forms can be a big mistake.

Continue reading "Should I Sign the Paperwork the Insurance Company Sent Me after a Car Accident?" »

Health insurance is normally the first line of defense for any personal injury victim, as it will almost always afford the injured person with the best possible care and usually eliminates delays in treatment as well. There are three possibilities as to what the law will allow in such cases. The law could dictate in some personal injury cases that the health insurance company does not have to pay anything for an automobile accident or the medical expenses resulting from the accident, though this situation rarely occurs.

As Arizona injury personal lawyers, we know that another possibility under the law would be that the insurance for the person who caused the accident would not be responsible for medical bills if the injured person has health insurance. The law does not normally allow this, however, as this would reward the liable party’s insurance company, and the law does not provide for this sort of benefit for the liable party or insurance company.

The third possible outcome, and this is the usual course of the law in most cases, is that having two different insurance companies required to cover medical bills benefits the person injured in the accident, who made sure that they were properly covered in the first place. This brings up what is known as the “collateral source rule”, which means the liable party’s insurance company will have to cover all reasonable medical expenses incurred as the result of the car accident.

Continue reading "Compensation for Medical Bills after a Car Accident in Chandler, AZ" »

Any statement made to an insurance adjuster can be used against the injured party. An admission made by a personal injury victim in a conversation with an insurance company representative can later be used later in court against the plaintiff. This is what is called “admission against interest”, and this is why we strongly advise against speaking to an insurance company’s representative before consulting with a lawyer.

Now, coming back to the matter of personal injury victims telling the truth and believing this will protect them. Consider a situation in which an injured party speaks to an insurance adjuster who later states that the injured person admitted the accident was his or her fault. Even if the injured party did not state this, the statement can still be allowed as evidence in court and a new issue is then opened that should never have existed. In personal injury cases like these, the questions that are raised due to one person’s dishonesty can make a claim that could have been settled in months instead take years, and often cases that would normally have been settled ends up in court years after the accident.

Most people have heard of Miranda warnings. The police officers in television crime shows will normally say: “You have the right to remain silent. Anything you say can and will be used against you in a court of law…"

This is a legitimate warning in Arizona personal injury cases as well. Though not every statement “will be used against you” it should be assumed that anything you say will be, so the best policy when speaking to someone who does not have your best interests in mind is not to say anything to them at all.

Continue reading "Being Careful about Statements Made to an Insurance Adjuster" »

Putting trust in an insurance company can be dangerous. Many people who are injured in an Arizona car accident believe that if they tell the truth, that they will have nothing about which to worry, and that the truth will prevent insurance companies from taking advantage of them. The problem with this way of thinking is that the insurance company will not always be honest when recanting what was told to them, nor will the liable party always be honest about what happened to cause the accident.

We do not want to suggest that all insurance companies are dishonest, but as experienced personal Arizona injury lawyers that have helped a number of Chandler accident victims, we must assume that every insurance company involved in any car accident case will try to take advantage of our clients. Insurance companies are in the insurance business to make a profit, and it is for this reason why they attempt to settle for as little as possible.

The truth is that an insurance company, even an injured party’s own insurance company, does not prioritize fairness when they analyze a personal injury claim. The reality is that they are much more concerned with the company’s bottom line.

Continue reading "How Chandler Auto Accident Victims Can Protect Themselves from Insurance Companies" »

Those who have been injured in a motorcycle accident may be wondering how an insurance company would deny them the fair settlement that they deserve. Obviously, the at-fault driver and his or her insurance company will likely do everything possible to deny payment. Many of the ploys used to cheat motorcycle victims are the same as those used to deceive car accident victims. However, there are also unique tricks that are sometimes used to deny fair settlement to motorcycle accident victims. This is one reason why hiring an experienced Arizona personal injury lawyer to advise victims after a serious motor cycle accident is critically important.

The list of ways an insurance provider will try to deny fair payment is too long to detail here. However, a couple of common issues frequently arise. First, everyone who rides a motorcycle in Arizona knows that there is no state helmet law for those over the age of 18. This means it is legal to cycle anywhere in the state of Arizona without a helmet. But did you know that there is also a law that allows the insurer of a driver who causes an accident to deny payment based upon a motorcyclist’s failure to wear a helmet?

Continue reading "Insurance Companies Denying Fair Settlements to Motorcycle Accident Victims" »

An uninsured claim can be made when a person who is judged to be at fault for an auto accident had absolutely no insurance at the time the accident occurred. In these cases, the other driver’s insurance policy may cover what the at-fault driver’s policy should have covered.

In other words, let’s say you or somebody you love was seriously hurt as a result of a car accident in Peoria, Arizona that was caused by somebody else. Most Peoria personal injury lawyers would agree that the person who caused the accident should logically have to pay for medical bills, wage loss, pain, frustration stemming from the accident, as well as all other legally compensable rights that can be exercised as a result of the injury. However, let’s assume in this example that the person who caused the accident did not bother to get car insurance. Because that person hasn’t fulfilled his or her legal responsibility by taking out an insurance policy, not only have they caused a serious injury they don’t even have an insurance policy against which the injured party can make a claim. Does this mean the wronged motorist is completely out of luck?

Continue reading "Uninsured Motorist Claims for Peoria Auto Accidents" »

Experiencing the unexpected is never easy. Auto accidents can happen in a matter of seconds and often leave victims to endure serious injuries for potentially long periods of time. These situations can be even more overwhelming when an accident victim does not have health insurance. This may mean that an auto accident victim of someone else’s negligence could be forced to live with a serious, painful, and debilitating condition, unable to get the surgery they need because of money. What should a person who’s left in this situation do?

In these cases, experienced Phoenix personal injury lawyers can often find excellent medical resources-- including surgeons, surgical facilities, anesthesiologists, orthopedists, neurosurgeons, pain specialists, and other medical providers-- to provide the necessary care to the client. This care is not free, but doctors will provide this type of care to people who lack health insurance when an injury case is being pursued. Usually they put what is called a lien on the case. This means that they are entitled to be reimbursed in the end when the case is settled.

Continue reading "Medical Resources Are Available for Uninsured Injury Victims" »

An insurance adjuster will never be promoted if he or she consistently pays out a significant amount of money for every case. Even if a particular case clearly warrants a higher payout than the majority of others, if an insurer can find a way to pay less, its profits will ultimately increase. Therefore, one can safely assume that it’s nearly impossible for an insurance company to justly evaluate how much money should rightfully be paid out in a car accident case. Instead, it is looking for a way to minimize the amount it must pay.

Follow this logic one step further and allow the possibility that the adjuster is dishonest. That adjuster already has an incentive to make sure that car accident victims are not fully compensated—his or her own company’s bottom line. By under-compensating victims, the adjuster can truthfully say he is increasing his company’s profits, and, more than likely, pleasing management. So where do you turn if you cannot trust that the employee you spoke with from the insurance company will honestly represent all the facts surrounding your accident? Is your honesty enough to protect your right to a fair payment if you do not have a lawyer on your side? Sadly, our experience shows that it is not.

Continue reading "Understanding the Role of an Insurance Adjuster" »

Many people who are involved in auto accidents make the mistake of believing that if they simply tell their insurance company the truth they will have nothing to worry about. This idea is comforting in theory. But to believe that by telling the truth, one no longer has to worry about being taken advantage of is, in reality, a bit naive. The problem is that the idea that the truth will win out in the end—good will triumph over evil-- ignores the possibility that the other driver in the accident, or his insurance provider, will not be honest.

This is not to suggest that all insurance companies are inherently bad. We are also not suggesting that all Peoria, Arizona auto accident victims should assume that every insurance company in the Southwest will knowingly take advantage of their situations. Obviously, this is not the case. However, the cold reality is that after a car accident, the insurance company has a job to do. That job is to try to settle the case while paying out the smallest amount of money possible. The bottom line is always the top priority.

Continue reading "Trusting an Insurance Company Can Be a Big Risk" »

When meeting with potential clients, many Peoria, Arizona personal injury lawyers focus on the fact that they intentionally try to settle every case they accept. The reason this is so common is that most injured people and their families do not want to endure a trial. People who have been seriously injured want to settle their case so they can start to close what is often a grueling, unhappy chapter of their lives. They want to get the compensation they’re entitled to under the law so they can concentrate on recovery.

In spite of the popular perception, the reality is that most people who have suffered serious injury or lost a loved one in an accident are not looking for a giant pay day. They are really just trying to get what is fair, and in the majority of cases they are merely trying to get what is owed to them. They are trying to regain what they have lost in the wake of an event they did not cause. For these reasons and many more, it is not in the interest of most people to suffer through the lengthy process of a trial. Instead, if they can settle the case fairly, that’s what they prefer to do.

Continue reading "Peoria Personal Injury Claims: Choosing to Settle May Not Be the Best Decision" »