As Phoenix personal injury lawyers, we have seen cases in which there was no working or available seatbelt in a person’s automobile, leading to that person’s driving the car without wearing one. There are rare situations where the failure to wear a seatbelt because there was none available can be excused under the law.
Also, as a matter of practical concern, a jury is much more likely to have some sympathy for a person who simply did not have a working seatbelt – particularly if they were a passenger in someone else’s car – than for a person who simply chose not to wear a seatbelt when one was readily available.
There is much to take into account after being involved in a car accident, especially when issues arise regarding seatbelt functionality and use. Time is of the essence when pursuing a personal injury claim after an auto accident. At Breyer Law Offices, P.C., our skilled Peoria car accident injury lawyers offer free, no-obligation consultations for auto accident injury victims. If you have any questions about your auto accident, please call us today.
Underinsured motorist coverage is called upon more frequently than uninsured coverage when the injuries suffered in an auto accident are more serious. Let’s say a driver causes a serious injury that requires a substantial amount of costly medical treatment. Phoenix personal injury lawyers have seen first-hand how medical costs can be so great in some cases that the at-fault party’s insurance does not even cover the hospital bills. And if the policy cannot even cover those expenses, it is unlikely to sufficiently reimburse past and future lost wages, rehabilitation, or other expenses that are allowed by law. In these cases, uninsured motorist coverage claims are made.
An uninsured motorist claim allows an injured motorist to turn to her own insurance policy (or a family member or other loved one’s policy, which may also cover the motorist even if she did not pay for the policy herself) to defray medical expenses, pain, frustration, and all the lost wages and other losses left over when the other driver’s insurance policy limit has been reached. So if the person at fault had a $100,000 insurance policy and the injured party incurs $80,000 in medical bills, the injury victim’s medical bills alone nearly exhaust the entire policy. If the claim includes damages for pain and suffering or ongoing rehabilitation costs, the person who caused the accident does not have enough insurance to cover the entire claim.
In this case, the injured party would be very interested to find out that she has taken out an underinsured motorist coverage policy. If her policy provides an extra payment in this circumstance, she could claim the money that should have been otherwise paid out by the at-fault driver’s insurance, had it been sufficient.
To learn more about what role underinsured and uninsured motorist coverage may play in your auto accident case, please feel free to contact the experienced Peoria car accident lawyers at Breyer Law Offices, P.C. We have assisted many injury victims in obtaining the compensation that they deserve for their injuries sustained in accidents with uninsured and/or underinsured motorists.
Arizona law provides various avenues for persons who are seriously injured in a car accident and have health insurance available to them. They may also make use of the insurance policy of the person who caused the incident. Under the law, both the injury victim’s health insurance and the negligent party’s insurance may be responsible for paying medical bills incurred following an accident.
In this type of situation, there are three possibilities that the law may allow. The possibility that applies depends on the circumstances of the case. On the one hand, the law could stipulate that, the presence of a health insurance policy notwithstanding, the health insurance provider does not have to pay the medical bills resulting from the accident. This rarely happens. The possibility that a judge will excuse a health insurer from paying anything is a common misconception that experienced Peoria, Arizona auto accident lawyers help to address. The reality is that filing a claim with a health insurance provider is almost always the first line of defense. Even if the policy includes the right to partial or even full reimbursement, using health insurance will almost always eliminate delays and afford the best possible care of all. Therefore, the possibility that a health insurance provider will completely escape responsibility for payment and should not be notified is a slim one at best.
Another possibility is that a judge rules that the insurance policy of the person who caused the accident is not responsible and does not have to pay medical expenses if the person who is injured is covered by health insurance. However, this would reward the insurance company of the person who is at fault purely merely because the person who was hurt paid for health insurance in advance. The law does not usually afford any such benefit to the at-fault party or insurance company.
To learn more about the most common option for having medical bills paid for after an auto accident, please read tomorrow’s post.
