Get answers to common questions
Q: Should I go to the doctor after my car accident if I'm only "a little sore?"
A: Certain injuries may not manifest themselves until sometime after a car accident.
By not seeing a doctor, you risk delaying your treatment and further injury. Even minor soreness can be an indication of a more significant injury. If you believe that you may have been injured you should see a doctor. It is not uncommon for insurance companies to argue that the failure of an individual to see a doctor right away indicates that an injury diagnosed later must have resulted from an unrelated event after the car accident.​
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Q: What am I entitled to be compensated for if the other driver was at fault?
A: Generally speaking, if you are involved in a car accident that was the fault of another, you may be entitled to reimbursement for your medical and pharmacy bills associated with treatment for injuries sustained during the accident, cost of future medical treatment, lost wages, pain and suffering, property damage, and reasonable automobile rental charges incurred as a result of the car accident. You may also recover other costs directly attributable to the accident such as towing, storage, etc.
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Q: May I have my health insurance pay for my medical treatment?
A: Yes. Your rights to recover damages incurred in a car accident that was the fault of another is not affected by any payments made by your health insurance. Depending upon the terms of your health insurance plan, the payments made by your insurance company may, however, be subject to reimbursement in the event of a recovery by you against the party at fault.
Injured in a car accident that wasn't your fault?
Have a lot of questions? This is a great place to start...
Q: What if the faulty driver of the accident had no insurance?
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A: As a practical matter, you can only recover from a car accident if the faulty party has available assets or insurance. In some instances, a faulty driver who does not carry his or her own insurance may nonetheless be covered by another person's insurance policy. Additionally, if the faulty driver was acting during the scope of his employment at the time of the car accident, he or she may be covered by his or her employer's insurance.
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If your own insurance policy provides you with "uninsured motorist coverage," you may be compensated by your own insurance company if the faulty driver has no insurance. Given the complexity and nuances of these various insurance coverage issues, it is advisable to seek the assistance of our Phoenix, Arizona car accident lawyers to determine the existence of insurance or other assets that may be available to satisfy your claim.
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Q: What if the faulty driver has inadequate insurance to cover all my damages in the car accident?
A: If the faulty driver does not have insurance coverage to the extent of your damages, you may be able to recover under your own insurance policy if it provides you with "under-insured motorist coverage." You should have our Phoenix car accident lawyers review your insurance policy to determine whether or not this coverage is available to you. You should not settle with the faulty driver's insurance company prior to reviewing your policy regarding car accident coverage with our lawyers, as it may affect your insurance company's responsibility.
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Q: When should I settle my car accident case?
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A: You should not settle your claim until after you have concluded medical treatment and have been released by your doctor. Otherwise, you may settle your case without knowing the full extent of your injuries and the treatment that will be required as to such injuries, leaving you responsible for any medical bills in excess of your settlement. At the same time, you must be mindful of the applicable statute of limitations period. You should seek the assistance of our Phoenix and Tucson area car accident lawyers to determine the applicable statute of limitations period and other deadlines, which may affect your claims, as these issues are fact-sensitive, and can vary from case to case.
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Q: Should I give a statement to the faulty driver's insurance company?
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A: You should be cautious in giving any statement to anyone concerning the car accident. Statements taken on behalf of the other driver by his or her insurance company are taken to protect the legal rights of the other driver. These statements may be misconstrued or used against you later.
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Q: Should I give the faulty driver's insurance company a medical authorization?
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A: If you provide the other driver's insurance company with a blanket medical authorization, you may provide them with the ability to obtain any and all of your medical records whether related to the car accident or not. Information gathered from these unrelated medical records may be used against you in negotiating a settlement of your case.
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Q: Should I accept a check from the faulty driver or the faulty driver's insurance company?
A: The acceptance of a check may be construed as a settlement barring any further recovery against the faulty driver or his or her insurance company. You should not accept a check or sign a release from the faulty driver or his or her insurance company until after you have completed medical treatment and have been released by a doctor. Otherwise, you risk settling your case for an amount that is insufficient to cover your medical bills and other damages. Insurance adjusters are trained professionals well versed in the art of settling claims for the lowest possible value.
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Q: What photographs and other documentation will be helpful?
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A: Photographs of injuries, bruises, etc. can help our negotiators substantiate damages related to medical treatment and pain and suffering. Photographs of vehicle damage and other property damage can help demonstrate the force of the impact and the extent of the property damage. Obviously, the timing of these photographs is critical. As wounds heal, they do not appear as serious. Therefore, photographs should be taken early on and at each stage of the healing process. Other helpful documentation includes: medical records, medical bills, prescription records, and lost wage information.
