FAQ- Auto Accidents
Outlined below are answers to some frequently asked questions regarding auto accidents. Please call us to schedule a free initial consultation or call to speak with one of our attorneys with any additional questions.
Q: I have just been in an automobile accident, what should I do?
A: The first thing you should do is call the police. If the police are not willing to come to the scene of the accident, be sure to get the other party’s insurance information. You should also ask to see the other party’s driver’s license and write down the driver’s license number as well as their name and address. If you are injured in an accident, it is important to immediately seek medical treatment. Sometimes even serious injuries do not cause immediate pain.
Q: Are there things that I should not do?
A: You should never admit fault for the accident. In addition, you should never state that you are not injured, especially when an insurance company calls you.
Q: Who determines who is responsible for a traffic accident?
A: Figuring out who is at fault in an accident is a matter of deciding who was careless. For traffic accidents, Arizona traffic laws provide guidelines by which liability may be measured. These rules apply not only to automobiles but also to motorcycles, bicycles and pedestrians. In some cases, a driver may be liable for an accident even if he/she was obeying, for example, the posted speed limit, if traveling at the posted speed was unreasonably careless given the weather or traffic conditions at the time.
Q: Who do I call to report the accident?
A: Unless you are unable to remain at the scene for medical reasons, report any accident to the highway patrol or the local police and let them investigate the scene prior to your departure. Report the accident to your insurance company as soon as practical thereafter.
Q: Can't I just exchange insurance information with the other driver if the accident is not serious?
A: No, this can be a big mistake if a dispute arises over who caused the accident.
Q: What if I have been injured by a drunk driver?
A: Often someone is injured or dies in an alcohol-related crash. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver being held responsible for the injuries he or she caused, a bar or social host may also be responsible be if they served an obviously intoxicated guest, who then drove and caused an accident. However, the fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability for the accident.
Q: What if a car crash results in death?
A: Wrongful death lawsuits allege that the death of a loved one occurred as a direct result of the wrong actions of another. It is important to contact an attorney immediately as there are only certain individuals who can bring a wrongful death lawsuit. Wrongful death suits aim to hold the responsible party accountable for the victim's death. The victim's family members or beneficiaries may be entitled to financial compensation as a result of the other driver’s negligence. Although monetary compensation can't erase the pain and injustice caused by the death of your loved one, it can help the family cover the costs associated with death and provide for the future.
Q: Do I need a lawyer?
A: The best thing to do is to call an attorney for a free consultation. Dyer & Ferris, LLC can help you analyze the facts of your case and the insurance company's handling of the accident.
Insurance companies prefer to settle the case without an attorney because they pay you far less. Individuals alone do not know how much they are entitled to or all the damages recoverable. If you, a family member, one of your passengers, or a loved one has suffered any automobile personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.
In all automobile accident cases it is essential that measures be taken promptly to investigate all possible insurance coverage that is applicable, preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. An attorney can provide guidance on what you need to do to preserve your claim.
Q: I was involved in an automobile accident, and my car was totaled. My company is not offering me a fair settlement on my claim. What can I do?
Arizona law requires the at-fault driver’s insurance company pay you the actual cash value (ACV) of your car. This is based upon what similar vehicles (i.e. same year, make and model) are selling for in your vicinity. First, you should check the internet (such as Kelley blue book) or NADA to determine the value of your vehicle. You should also look at cars for sale within a 50 mile radius of your home. Some good places to check are your local classified advertisements, and on the internet at cars.com or craigslist.com. Look for the prices of cars similar to yours and submit them to your company, if the prices are higher than the company's offer. Remember their estimate must be based on the local market. If you had significant work done on your vehicle before it was totaled, submit the receipts to the insurance company. At times, they will increase the amount paid to you if the repairs were recent.
Q: How will I pay all my medical bills?
A: If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will be sent directly to you. You are still responsible for paying your bills, regardless of the fact that someone else is at fault for your injuries. The at-fault person's liability insurance carrier will be responsible for paying you reasonable compensation for damages incurred, which includes medical bills.
Q: How long does an insurance company have to settle an auto claim?
A: There is no specific time limit during which the company must come to a settlement agreement with an insured or a third party claimant. However, you must file a lawsuit against the at fault driver within two (2) years of the accident. If you fail to do so, you lose your entitlement to payment from the at fault party. You should also put your own insurance company on notice within that time frame if you are making a claim against your uninsured or underinsured policy.
Q: Why is this so complicated? How hard can it be to get the insurance company to pay me what I deserve?
A: The other side's insurance company or adjuster will not tell you the things that are beneficial to your claim. Even if you have to make a claim against your own insurance company (for an uninsured or underinsured motorist), the insurance company’s goal is to pay you as little money as possible. Do not assume that any insurance company will treat you fairly, even if it is your own insurance. Also, be aware that anything you say to an insurance company will be marked down and recorded and used against you if it means saving money for the insurance company.
Following are some questions that you would need to ask yourself. If you don’t know the answers to these questions, you should have an attorney assist you with your case.
Do you know the full extent of your injuries, or might there be some late developing symptoms? Do you know how long the effects of the injury may last? Do you know how difficult the recovery process might be? Do you know what therapy may be needed, or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth? Do you understand what is customarily awarded for the "pain and suffering" you went through, and the loss of companionship and the extra care your family members provided? Do you know how much income you might lose, regardless of any disability insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's insurance company might pay you will have to be paid over by you to your own auto or health insurance company, or union or employer health plan, to reimburse them for the expenses they paid on your behalf? Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation?
Q: When should I call a lawyer?
A: As soon as possible. If you are not at fault for the accident, you should not talk to any representative of the other driver’s or even your own owner's insurance company until you have sought the advice of your own attorney.
Q: If I hire an attorney, how much will I have to pay him or her?
A: Dyer & Ferris, LLC takes accident cases on a contingent basis. This means that you don’t pay any attorney’s fees unless you are compensated for your injuries. Please note that you are ultimately responsible for all costs. However, under most circumstances our firm will advance the initial costs to begin the matter. Costs are generally incurred for obtaining medical records and police reports, copies, faxes, filing fees and service of process fees. Please note that filing fees and service of process fees will not be incurred unless we have to file a lawsuit to get you a fair settlement.
*Please note, no attorney can guarantee the outcome of a specific case. It would be unethical for an attorney to promise a particular result and nothing herein should be construed as such a representation.
