If I make a Claim Against my Insurance Company, Will My Rates Go Up?

May 20, 2016 - Car Accidents by

People pay hundreds and in some cases thousands of dollars a year on car insurance and when they get in an accident are afraid to use it! If that’s your thought process, don’t buy the insurance. You wouldn’t buy a new car if you had no intention of using it – why buy the insurance? Rather than think like that, I have a much better answer for the motorists of Arizona. We have a law in place that makes it illegal to raise your rates if you file a claim when the accident is not your fault. For you legal eagles the specific statute is Arizona Revised Statutes 20-263 which reads in part: Vehicle insurance; prohibited act by insurer; hearing; penalty A. No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Subsection B is even better, B. The director, after a hearing, shall order an insurer that has raised the premium of an insured in violation of subsection A to refund the amount attributable to such premium increase and shall impose a civil penalty not to exceed three hundred dollars. Therefore, if you are hurt as a result of the negligence of an uninsured motorist use your uninsured motorist coverage. If the negligent driver has liability insurance but not enough to fully compensate you for your injuries, use your underinsured motorist insurance. That’s what it’s for and now you […]

WHO DO YOU SUE AFTER A CAR ACCIDENT?

May 12, 2016 - Uncategorized by

Car accident victims frequently ask me, “who are we going to sue after a car accident?” Hopefully, a lawsuit will not be necessary as that can take years and drain everyone’s money and time. Normally, when you hire a car accident attorney, the intention is to attempt a pre-suit settlement. A pre-suit settlement is much faster than suing in court. When trying to settle a claim, personal injury attorneys will deal directly with the at-fault driver’s insurance company.  Here is the claim process if we are attempting to settle your case without going to court: WHO IS AT FAULT FOR YOUR CAR ACCIDENT? As a car accident attorney, I would first determine who is at fault for your car accident. Hopefully, you are not at fault. But, you can be partially at fault and still have a viable car accident claim. I would thoroughly interview you and any witnesses about the facts of the car accident. I would also review the investigating police officer’s written notes and his complete traffic accident report.  After gathering all the facts and evidence, I can properly make a determination as to who is at fault and the cause of your car accident. For example, let’s say that you were stopped at a stoplight and you are hit from behind. Maybe the other driver was distracted by a cellphone or other many distracted driver situations. If you are struck from the rear, the striking driver will be presumed to be at fault.  The rear striking […]

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