Phoenix Car Accident Attorney Blog

The Arizona Republic reported on 8/30 that a suspect was arrested for his involvement in a fatal crash in Surprise. He was found with illegal narcotics on his person. Though it has not yet been proven that he was under the influence at the time of the crash, this kind of event only makes it more apparent that you must always be aware of your surroundings.

While driving, always watch your mirrors for erratic driving around or behind you. Changing lanes without signaling, speeding, and swerving are signs that a driver may be impaired by drugs, sleep depravation, or even by using a cell phone. Drivers who are not paying 100% attention to the road pose hazards to other drivers. Always maintain a distance from cars with drivers exhibiting this type of behavior to prevent any accidents.

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As car accident lawyers we received many calls each day seeking advice regarding auto accidents. Many times we are told that the caller asked the insurance adjuster what they should do in terms of handling the case on their own or if they should contact a lawyer. It is the job of the insurance adjuster to give out as little as money as possible. Everyone should remember this. This is not to say that all cases do need a lawyer just it is our advice that all people should consult with a lawyer. Or, I should say that you should not be looking to an insurance adjuster for legal advice.

Insurance companies deter people from seeking help from a lawyer and many times scold them for thinking about hiring a lawyer. Think about it why would an insurance adjuster be so adamant in a claimant not hiring a lawyer. The insurance adjuster wants to prolong as long as possible for the claimant to hire a lawyer.

Insurance companies use every strategy to make sure you don’t receive the fair settlement that you deserve. It has been statistically documented from an insurance company investigation that you have a higher chance of reaching a higher settlement when you hire an attorney. For these reasons, it is important to hire an Arizona personal injury lawyer to advice you in the steps you need to take to receive your full compensation from your insurance company. Investigations by insurance companies have shown that claimants with a lawyer receive higher than a third more than claimants who are not represented. Typically attorneys charge a one third contingency fee agreement. That means that attorneys earn more than their fee and that ultimately the client ends up with more money. This does not even include the liens that attorneys negotiate for clients which puts even more money in their pocket.

If you have been hurt in an Arizona car accident, you can feel free to call us for a free consultation or you can read our Arizona car accident book, The 13 Biggest Mistakes Than Can Destroy Your Injury Claim. We detail the 13 ways that you must be careful not to destroy your claim. We do all the work for you by providing the do’s and don’ts for tackling your accident claim. And best of all, it’s free! Remember, Mark is a certified specialist in injury and wrongful death law and there are only 2% of attorneys in the Valley who are considered experts by the State Bar of Arizona. It is important not only to talk to an attorney but to choose someone who is knowledgeable and will have the correct answers for you.

In many Mesa motorcycle accidents, motorcycle riders typically sustain terrible permanent injuries and many times they sustain fatal injuries. Although most witnesses do not agree, the fact is that many times in car accidents, it isn’t the motorcyclists’ fault that the crash even occurred.

Mesa motorcycle accidents as well as motorcycle accidents all over the worlds usually occur because the other involved driver was not paying attention to the roadway. In many instances, the adverse driver was not paying attention to the roadway, including examples such as texting while driving, talking on their cell phone, looking down and going through documents, looking at the radio, or the cd player, among other things other than looking at the roadway. It can even be for a split second that the car driver is not looking at the roadway and then they collide with the motorcycle rider.

The problem for motorcycle riders is that when the other driver is at fault and collides with the motorcycle, the motorcycle rider has limited protection and usually gets seriously injured. The most careful rider can be severely injured because they are completely exposed. For what may be a minimal impact between two cars, between a motorcycle rider and a car it is a total different situation, much more likely to result in serious injury for the motorcycle rider compared to the person riding in the vehicle. If you are a motorcyclist who was hit by a car in a Mesa accident, there are several necessary steps you must take to make your case have the best chances of settling for the maximum value.

First, do not speak to any investigation firms, especially any investigator from an insurance company. A representative from an insurance company may call you to try to get a recorded statement. This is very typical. Do not let them convince you that you have to give a recorded statement. You do not have to give a recorded statement.

Second, avoid any solicitors at the hospital or ambulance who try to get you to consult a law firm, especially if that person comes to your hospital or home. Often these solicitors are not lawyers and are investigators or people who are paid by lawyers who are looking for new clients. This is not a good way to choose an attorney.

Third, go ahead and take the time to find an attorney and go through the internet. You can check the State Bar of Arizona to search for advice on what law offices are best qualified to handle your serious injury claim. We suggest to look on the internet and research whether the lawyer you are thinking about hiring has tried similar cases to yours. Also, check if the attorney you are thinking about choosing has a good reputation your community.

Fourth, you should to take pictures of all your injuries or bruises that were caused by the motorcycle accident. Of course after a serious collision and significant injuries, it may be impossible for you to take pictures of the scene of the accident yourself. You can have family members take photos or the police will often take photos of the scene and any other vehicles involved in the accident. Pictures you take of your personal injuries and bruises can be used as essential evidence to prove the seriousness of your injuries.

Fifth, talk to an experienced Mesa car accident attorney as soon as possible. As qualified lawyers who have worked with many motorcycle accident victims, many with very serious injuries and many who have sustained fatal injuries we are ready to help you and answer any of your questions.

Feel free to give us a call anytime and we can give you honest answers to your questions.

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Mesa car accidents and truck accidents require very different follow up when you have been an injured victim. One of the differences between a car accident and a truck accident, is that it is absolutely necessary for the victim or their attorney to submit to the trucking company a spoliation letter. A spoliation letter tells the trucking company that they have to hold onto the evidence and are unable to destroy anything. In many cases, trucking companies destroy the actual truck involved in the accident, or any other pertinent evidence, to get rid of any proof that they know would show that they were at fault for causing the accident. Therefore, sending the trucking company a spoliation letter would thereafter hold the trucking company accountable for keeping the evidence. A spoliation letter also requires the representatives for the trucking company to hold all necessary documents that prove that the truck driver was responsible for the accident. We have had many cases where spoliation letters made the entire different in the case. Many times when we send spoliation letters the trucking company will still destroy the evidence however when we are able to show that the trucking company received the spoliation letter we are then able to get evidence into the courtroom that we may have otherwise not been able to.

The question becomes why do trucking companies want to go as far as destroying evidence from a car crash when they know that it will come back to haunt them. Many times, the trucking companies will get away with destroying the evidence because they do not receive a spoliation letter or because the spoliation letter is not effective and complete. Many times trucking companies destroy the evidence because they bank on the fact that juries often times will not believe or be persuaded that the trucking company deliberately destroyed the evidence. Having the spoliation letter though signed by a trucking representative that they received it further helps to show that the trucking company on purpose destroyed the evidence.

After a car crash, especially when someone is seriously injured, it is important to have a complete and legally valid spoliation letter sent to the trucking company. Every case is different and typically each spoliation letter will be different as well.

Do you have an experienced Mesa Arizona car accident lawyer on your side? It is vital if you are seriously injured in a trucking accident to make sure you at least speak to an experienced injury lawyer in Arizona. If you do hire an attorney, make sure to ask the lawyer for a copy of the spoliation letter so you can review it to make sure that all the details are accurate. Some attorneys who take trucking accident cases are unfamiliar with the important or legalities for spoliation letters. If you have been seriously injured it is important to make sure you are hiring someone with the experience necessary to handle your serious injury claim.

When a minor is involved in a Arizona car accident in Arizona, the procedures are entirely different. During the negotiation stage, it is important to always make sure to account for the future injuries that may occur with a minor. Many times, it is unknown what will occur exactly. That is OK but a minor can recover damages for personal injuries that are likely to occur. People think many times that the threshold is that you have to absolutely know and predict the future. In fact that is not the case. When proving and collecting upon a personal injury claim for future damages, and this is true whether it is a minor or not, a person can collect for future damages by showing that it is more likely than not that the future damages or future medical care or future medical bills will be incurred. Thus, the standard is more likely than not. In criminal cases, the standard is beyond a reasonable doubt. When it comes to a car accident the standard is not as high a threshold as with a criminal case.

Fast forwarding to the settlement process. Typically, a minor’s settlement will have to be approved by a Judge. The Judge will listed to the lawyer, the guardian and the minor. Sometimes the minor does not have to appear for the Court hearing but if the minor is above 10 we encourage the parents to have the minor attend. Both parents must have notice that the court hearing will take place.

The Judge will listen to the fact and will either approve or disapprove the settlement and the disbursement of the settlement. At that time, it should be very clear to the minor and the parents what the minor will receive. Usually, either a restricted account is set up at a bank account or an annuity is purchased for the minor. The minor cannot touch the money until the minor reaches age 18. At that time the minor will have to petition the court to release the funds. This is an easy process to have the funds released but it is necessary to have a court hearing.

If you have any questions on a settlement regarding a minor’s injury or if your minor child has been injured, contact the husband and wife law team to help with your claim.

Arizona school accidents happen a lot more than people think. There are swimming accidents, playground accidents, slip and fall accidents, bus accidents and many other accidents that happen in Arizona while children are at school.

Many times it is lack of school policies that contribute to the child or student being injuries. Many times on the playground it is lack of supervision, design defects for playground equipment, schools choosing the wrong school equipment , lack of supervision for the students, lack of policy procedures that keep in mind the safety of the children.

Playground accidents happen many times where the teachers allow younger kids to play on older children’s equipment. This many times ends up in children being hurt. Swimming accidents happen where there is lack of supervision. For instance too many students compared to supervision. Many times at the high school level a teacher may assume that the student can swim when they cannot. There are many teachers out there who are always looking out for the safety of the children. There are other teachers who do not realize that the safety for the children is what has to be first and foremost.

When it comes to accidents that happen at school it is important to know that there is a 180 statute of limitations. There are some arguments that it can be longer when a minor is involved but generally we go by the 180 statute of limitation when dealing with a school. This is assuming that the school is a public entity. If the school is a private school the statute is likely to be two years. Statute of limitations for public school entities are much different compared to private school entities. Besides a 180 statute of limitation for a notice of claim. There is also a one year statute of limitations for settling the claim or filing a lawsuit again the adverse party. These statutes are very important to be aware of if you have a claim for a child who was hurt or fatally killed by the negligence of school staff.

Of course, there are many other ways students are injured. Currently, there is much legislation trying to go through for buses to have seatbelts since many times students are hurt or fatally injured in bus accidents. These are all still pending and currently school buses do not have seatbelts.

This is general information on statute of limitations and deadlines for students who are injured or fatally killed due to the negligence of a member of a school. If you have specific questions on an accident in Arizona regarding a student feel free to call us anytime Valleywide at 602-267-1280. We have offices in the west valley, east valley, central phoenix. If you are unable to come to our office and we can help you, we will come to your home or visit you at the hospital. We understand that these are difficult times for families and we are here to help you.

Mesa car accidents happen every day but they do not happen every day where they are intentional. Today I got a call from a man who sits on a homeowners association board and a homeowner ran him over with his vehicle. This type of behavior is astonishing. The caller wanted to know what was the best way that he could proceed.

Under motor vehicle law in Arizona, there is a big difference between intentional acts and criminal acts. In fact this is probably true with most civil cases in terms of whether or not insurance will cover. Of course, you can pursue the negligent person whether or not there is insurance, but typically when an Arizona lawyer is involved it is because they are going after an insurance policy.

A lot of what an attorney does is find different policies when someone is seriously injured from a motor vehicle accident in Arizona. Above that, attorneys also negotiates liens, talks with doctors, requests specific reports, preserves evidence, and deals with insurance companies who treat people unfairly.

Many people do not realize as well that the prosecutor actually has the say so in whether or not a person gets pursued criminally. The victim has no say in whether or not the prosecutor initiates criminal charges against the perpetrator. With that being said, we still always recommend that the injured person call the prosecutor to let the prosecutor know that they were injured.

You do have to remember though as a victim person if the person who hurt you is found to be criminally negligent that may void out any liability on the part of their insurance company paying. Most insurance policies say that they will only pay for negligent acts not purposeful and intentional acts. Therefore, when you are injured you will have to decide whether their act was negligent or whether it was intentional. Typically the cases that we deal with, the acts are negligent and therefore we can recover the monies from the insurance. Even when it has to do with an assault many times, the act is still negligent even though the person might have swung a fist or something like that. The reason it is still considered negligent under the law is that someone might swing a fist to hit another person, for example, but they do not intend to hurt the person seriously. That is, it is all about the person’s intent.

In this particular case it does appear that the person who hit the man with their vehicle was doing so with intent to hurt but even then it is hard to say without getting more evidence.
Our office serves all of Arizona.

We are known as The Husband And Wife Law team and we handle car accidents in Mesa and are motor vehicle accident attorneys in Arizona. We also handle motorcycle accidents throughout the Valley as well. We have an office located in Mesa for motor vehicle auto accident victims so that they have easy access to come to our office.

We also have an office located in the east valley in the Chandler, Ahwatukee, Tempe, area that is closer for people who have been in an accident in these areas in the easy valley, such as Ahwatukee, Chandler, Tempe, Maricopa. We started as Ahwatukee car accident lawyers in 1996. Our first office was in Ahwatukee.

We still have an office currently in Ahwatukee as well. Insurance adjusters know that we are car accident lawyers in Chandler and car accident lawyers in Tempe as well. Our Ahwatukee office is just a few minutes from Chandler and Tempe Arizona. If one of our offices is not close to you or near you and you are seriously injured, we are able to visit you in the hospital or come to your home as we understand that when you are seriously injured because of an accident it is difficult to come see a lawyer.

Many of the cases we accept are in the Glendale area as well. As Glendale car accident lawyers, we receive many calls each day from people on the west side who have been injured. As lawyers in Avondale who handle car accidents in Avondale Arizona we have help a lot of people in this part of the west side as well. We do have an office in Avondale Arizona and can meet people there if they live close to this area and this is more convenient. Peoria car accident lawyers and Sun City car accident lawyers we are available as well to help people who live in this area of Arizona. Recognized through out the Valley as Arizona car accident lawyers, we also help people in Scottsdale, Phoenix, Paradise Valley and Fountain Hills.

Although there are a lot of Arizona car accident lawyers, Mark has received recognition for Top 100 Trial Lawyers in Arizona and has received top ranking from Martindale-Hubbell which is a renowned legal source for more than 100 years. There are also many Scottsdale car accident lawyers and we are available to help those who have been injured in an auto accident in Scottsdale as well as all the other cities listed above. We are not near Bullhead City, but we still consider ourselves Bullhead City car accident lawyers, as we have clients who have been injured in Bullhead City.

Many clients who are injured in Bullhead city are brought to Vegas Hospitals. We have visited clients in the Vegas hospitals before. If you believe that you need an accident attorney to protect you, give us a call even if you have been hurt in Bullhead City. Do not let the distance from Phoenix scare you as we can still come to you. There are many car accidents in Gilbert as well. Our Mesa office is located near Gilbert so as Gilbert car accident lawyers we are still able to help protect your rights as well.

Remember when you are looking for an attorney, you are not going to spend a lot of time in your attorney’s office regarding your car accident claim. The most time you will spend is the initial visit and then after that you will mostly have telephone appointments. Certainly, for our office we encourage clients to call and come by but it is not necessary.

It is most important you pick an excellent lawyer that you have trust in and know that those Arizona injury lawyers will do a great job for you rather than pick an auto accident attorney just because they are a few minutes from your house. The outcome of a personal injury claim can be life changing so it is very important that you feel very comfortable with your injury lawyer and that you trust that you have made a great decision when you hire the attorney.

Mesa car accidents often result in drivers and passengers being seriously injured in auto accidents. Many car crashes often result in the wrongful death of an innocent person by the negligent of another driver.

When you or your loved one is involved in a serious car accident in Mesa Arizona it is important to consult with an experienced lawyer. Mark Breyer has top rating by Martindale-Hubbell, a renowned lawyer source for more than 100 years. He also has top ranking from AVVO, a legal ranking company. Mark has recently received an award by ATLA for Top Trial Lawyers In Arizona. Mark also is an expert in injury and wrongful death law as certified by the State Bar of Arizona.

The State Bar of Arizona has certified less than 2% of attorneys in the Valley, including auto accident lawyers in Mesa, Arizona. To be certified as an expert in injury and wrongful death law by the State Bar of Arizona you must show high qualifications, pass an exam, receive ratings by Judges and other attorneys in Arizona, as well as show the requisite amount of trial experience and cases handled in injury and wrongful death law.

As The Husband And Wife Law Team and car accident lawyers in Mesa, Arizona, we pride ourselves as giving our clients the Breyer Law Experience. All our clients receive top notch legal service as you would expect from a certified specialist as well as the client service that they deserve. We offer a no fee guarantee for all cases that we accept. We only handle serious injury and wrongful death claims but can help you if you call and set you in the right direction.

Unlike most law offices, even if we cannot help you we will try to find an attorney that can help you or give you a free consultation on your claim. We also have an injury book that we offer free to all Arizona residents. We do not charge a fee unless we settled your claim and we advance all costs. We have the resources necessary to hire the best experts and process all of our cases to the fullest to receive the best settlement. Call us anytime. We are here to help. Call Now!

Mesa auto accidents and motorcycle accidents happen every day. We currently have an office in Mesa, Arizona but we also have offices throughout Arizona. We serve clients Statewide. As Accident lawyers in Mesa and in Arizona, we began our law practice in 1996. We originally began our office in Ahwatukee, Arizona. Our office has grown because of our successes. We however still stay true to our original concept when beginning our office, which is to give the best client service with the best legal service as well.

Whether you are involved in a car accident in Mesa, Arizona or anywhere throughout the Valley, we are able to help you. We do not just hand off your automobile or motorcycle case to an associate or a paralegal, we take the lead in the case and always speak with our clients. Of course, we have excellent experienced paralegals that we work with but when you need to talk to a lawyer, you will speak to us and not have trouble reaching us.

As attorneys who practice injury and wrongful death law in Arizona, Mark Breyer is a certified specialist by the State Bar of Arizona. This signifies that the State Bar of Arizona has certified him as a specialist and expert in Arizona injury and wrongful death law. Auto accident lawyers in Mesa Arizona can help injured victims get their fair compensation. Less than 2% of attorneys in all of Arizona, not just car accident lawyers in Mesa, Arizona are certified specialists in injury and wrongful death law. Therefore, this is an amazing accomplishment by Mark. It shows the success that we have had but more than that it is a testament by Judges and other attorneys around the Valley that Mark is a competent lawyer who has the trial experience and experience to handle injury and wrongful death claims.

If you have been injured in an accident in Mesa, Arizona or just have questions please do not hesitate to give us a call. Although we are selective in the injury and wrongful death cases that we are able to handle, we will give you advice and point you in the right direction.

We serve all of Mesa Arizona and all cities statewide in Arizona. We handle car accident claims in Mesa and if you are unable to come to our office in Mesa we can come to your hospital or to your home. We recognize that when you are seriously injured it is difficult to come to an attorney’s office.

We offer a no fee guarantee and you can reach us 24/7. Feel free to call anytime. We are here to help and you can rely on the "Husband And Wife Law Team."

After an Arizona car accident, whether it be in Mesa, Chandler, Tempe, Maricopa, Apache Junction, Scottsdale, Glendale, Sun City or any other place in Arizona you must file a claim with the adverse party, and I (Alexis) recommend that you file a claim with your own insurance as well.

I have had many people through the years call me after their statute of limitations has run for their Arizona car accident only to learn that filing a claim is not the same as filing a lawsuit. Filing a claim for an auto accident means that you talk to the insurance company, given them all the information, and let them know that you were injured in the auto accident. Usually, the insurance adjuster will call you for status of your medical care or they may discuss your claim with you. As I always say, it is important to remember that the insurance adjuster is not your friend. This is an adversarial relationship. You want what is best for you and the insurance company wants what is best for them. What is best for the insurance company? To settle a case for as little as possible.

Filing a claim is just that – talking to the insurance company. There are many different statutes of limitations. The statute depends on the type of claim. Some car accidents have a 180 day statute of limitation, some a 1 year statute of limitation and some a 2 year statute of limitation. For other injuries the statutes can vary as well. When a minor is involved the statutes can differ also. It is important to always consult with a lawyer to make sure you at least get an evaluation of your deadlines for your case.

If you are simply negotiating with the insurance adjuster and the statute is arising, it does not matter. You have to file a lawsuit or settle the claim before the statute of limitations. If you are negotiating and the statute is coming up, it does not matter. Negotiating with an insurance adjuster on a car accident claim does not stop your obligations from dealing with the statute of limitations.

Under the law, a person who makes an injury claim in Arizona is held to the standard of knowing all the laws. It is not enough to say as someone recently did when they called me that they were not aware of it. The person who called said no one warned her of the statute and she didn’t know. Unfortunately, this is not a defense to missing a statute of limitations.

Technically based on the Department of Insurance, an insurance adjuster is supposed to tell you the statute of limitations, but many times they tell you in a letter immediately following the auto accident in Arizona so people do not really understand what this letter means. Also, the problem is that even if the adjuster or insurance company does not tell the person who was injured in the car accident in Arizona, there really is no recourse against the insurance company as there is no legal punishment for the adjuster. Therefore, the bottom line is do not rely on the insurance adjuster to tell you what your statute of limitations are for your case. The truth is many times the adjusters don’t even know so once they hand the file over to an attorney, the attorney might make a legal argument that the adjuster did not even know about.

Filing a lawsuit is where you actually have papers that are filed with the Court. This is the only way to preserve and protect your claim in regards to the statute of limitations. You can file a lawsuit and not continue with it, but it is necessary to continue negotiations to show the adjuster that you have filed the lawsuit. When filing a lawsuit, it requires a fee, a cover sheet, a summons, and what is called a certificate of compulsory arbitration. These documents all need to be filed with the clerk and when filed the clerk will stamp them and give the case a number. This is the number an adjuster will be looking for once the statute of limitations date passes.

If you have any questions about your statute of limitations and want a deadline review of your case, feel free to call our office.

Mesa Car Accident Lawyers is part of what we are. We actually serve the entire Valley. I focus on Mesa in this blog because I received several calls today asking where our law office was in Arizona. So there you go. The above is our address. We have other offices through out the Valley so if you have any questions just let us know.

Do you know what a certified specialist in injury and wrongful death law means? In short, the State Bar of Arizona awards certain lawyers as being a certified specialist in the area of injury and wrongful death law when they have proven that they have had ample trial experience, recommendations from Judges and other lawyers in Arizona, as well as passing a specialist exam. Also, certified specialists do not maintain there specialist certification forever. They have to reapply and continuously show that they are litigating cases and have an active practice in personal injury law. To find about more about the qualifications of a lawyer being awarded a certified specialist distinction visit the Arizona State Bar. There are only about 2% of Arizona attorneys who are considered specialists by the State Bar of Arizona. In fact, if you are not a specialist you are not considered an expert by the State Bar.

Mark Breyer of the Husband and Wife Law Team is a certified specialist in injury and wrongful death law. It is a great accomplishment and a testament to our successes! If you have been involved in an auto accident in Mesa or anywhere in Arizona do not hesitate to give us a call. We help injured victims and are injury lawyers in Mesa and we also help individuals throughout the State of Arizona. To find out more about our office, call for a free consultation or visit our website.

Mesa car accidents lawyers receive calls from car accident victims every day. After an auto accident in Arizona it is best to have the police come to the scene of the accident. Someone called my office today who was rear ended in a car accident in Mesa Arizona on Monday. She had her son in the vehicle. Her car was only worth a couple of thousand dollars so she chose not have collision coverage. The car was towed from the scene of the accident and the mom and son were transported by ambulance. Did you know if a mom and son go in an ambulance ride together and both need treatment the ambulance company will generally charge each person for the full amount of the trip charge? Just interesting to note as many of our clients complain about this because there was only one ride in the ambulance however these are still considered by the ambulance to be customary charges. Arizona billing from ambulance companies is also regulated by the state. However many times ambulance companies accept a reduced amount, especially when dealing with health insurance companies. Still, the adverse insurance is responsible for paying the full amount of the medical bill. The adverse car insurance does not get the benefit of paying the reduced amount.

So putting all that tangents aside about ambulance billing in Arizona and adverse insurance companies having to pay the full amount of a medical bill not the reduced amount of the bill, let’s get back to this mom and son and the Mesa car accident they were in on Monday.

The woman was calling because the police told her that the woman who hit her said she has insurance through her mom but did not have the information on her. The mom called the woman who rear ended her on the night of the accident and the woman said she could not speak to her or give her the insurance information because she was not feeling well. The mom called her own insurance company and asked them if they knew if the woman had insurance. The insurance said she was trying to get in touch with the woman but had no luck either.

Tuesday the mom called the woman again and this time she did not answer. Wednesday she called again and the woman did not answer either. Thursday she got a call from her insurance company that said they spoke to the woman and she had no insurance and the woman had hired a lawyer.

So what do you do when you are in a Mesa car accident and are hit by someone who has no insurance and you have no collision coverage? Call an attorney – Mesa car accident lawyers. Unfortunately, there is no good answer under this scenario. Generally, a person who has no insurance does not have any money to pay – that is why they had no insurance to begin with!

The first thing that this woman should try to do although many times it is very difficult is to get the vehicle out of storage. Under Arizona law, the injured person has a duty to mitigate. This means you have to try to get the vehicle out of storage. Once you have done everything you can then you have mitigated your damages. If you ever have a car in storage depending on the circumstances and the vehicle type, make, model, etc you may be able to find an auto body shop to take the vehicle out of storage. Sometimes the auto body shop does it and sometimes they do not. You can also see if you can have the vehicle towed to an insurance lot but this presents a lot of problems as well because the vehicle would first have to be photographed and a repair estimate done on it. This will require the vehicle to remain in storage a lot longer. Sometimes injured victims when they do not have auto insurance and their vehicle is in a tow yard can ask friends and relatives. Bottom line though there are many times when there is no insurance at all that the car may just sit in storage if the injured victim has no means of getting the vehicle out of storage. This is not fair but this is the legal system for you. It is very frustrating for the person who is hurt in the accident and their family as they are the ones who have to deal with the car issues.

Other things can be done as well such as sending a certified letter asking the adverse driver to pay for the damages or asking if they have any other sources of insurance. Arizona car accident lawyers spend a lot of time researching insurance coverages and uncovering insurance information from adverse parties.

Lastly, a lawsuit could be initiated. When filing a lawsuit the person will have to weigh the costs of filing a lawsuit with the ability to collect. Getting a judgment is part of the legal battle for Arizona lawyers the other battle is finding out what sources of payment there are for each case. In this case, definitely it has to be looked into if this adverse driver has any money or assets, or if there are other sources of insurance coverage that could apply. Whenever you do not have collision coverage and the other side is either denying liability or has no coverage, it is always a bad position to be in. We recommend everyone carry collision coverage unless you can afford to buy another vehicle and if you considered this scenario discussed that you would be able to get yourself another car.

Any questions on insurance coverage, asset checks, etc please give us a call!