Phoenix Car Accident Attorneys
by Phoenix Auto Accident Lawyers - Mark Breyer
What you must do to negotiate your Phoenix car accident claim
The first step in handling your own car accident claim is to call the insurance company and begin a claim. It may be that the person who is at-fault has already called the insurance company. The insurance company will ask you some questions. We advise that the person who was hurt in the accident should not be the one to call the insurance company. Typically, when you are hurt after a car accident in Phoenix, you may be dazed and confused. You may have undergone a surgery, just been transferred to a rehabilitation center, or still in the hospital undergoing major medical care. It is best if a family member begins the process of opening a claim, even if you are able to do so yourself. This way, you will not give answers that you later did not believe to be true or accurate. Also, you may have more difficulty understanding the insurance claims person because you are not feeling well.
What should you do after opening a claim to settle your Phoenix auto accident claim?
Although we understand you want to handle your own accident injury claim, you will be best off if you speak to an experienced auto accident lawyer who can begin by telling you the statute of limitations for car accident claims in Phoenix. Many people will call our office after they find out that their statute has run. This has to be the worse feeling in the world because it is very difficult to tell people that their car accident statute of limitations has run. We have received many calls where people are actually in the midst of negotiating their car accident claims with the insurance adjustor. The statute runs in the middle of negotiations and the insurance adjustor tells the innocent victim that they are no longer going to continue negotiations or pay anything on the accident claim because the statute of limitations has passed. The insurance company is supposed to tell the injured person about the statute. The insurance adjustor is also supposed to write a letter detailing the statute of limitations for the injury claim; however, if this is not done, there is very little that the injured victim can do. The statute of limitations for a Phoenix car accident is the law, whereas having to tell the injured victim the statute or sending a letter detailing the statute is not a law. This role of the insurance adjustor is something that is mandated by the insurance commissioner but it is not a law. Therefore, if you miss the statute, there will most likely be nothing that you can do and you will lose your injury claim forever.
Statute of limitations for Phoenix car accidents
Most people say they know what the statute of limitations is for their case. But that is what all the people said when they missed the statute. Why did they miss the statute for their car accident claim? They may have been given inaccurate information or did not understand the true statute of limitations. Many people think that negotiating a claim will stop the statute from running - that is not true. Many people think all limitations for car accident claims in Phoenix is two years, that is not true. Each case is different and for that reason, we would advise any car accident victim to speak to an experienced Phoenix car accident attorney who can answer your questions. This does not mean you have to hire this lawyer. You can ask questions and make sure you are not being misled by anyone regarding your statute and any other questions that you may have.
Understanding car insurance companies when negotiating your claims
When you begin to negotiate your injury claim, it is important to know that the insurance company has spent decades trying to figure out the best way to minimize injury victims settlements. The insurance company is not waiting to give injured people their money. If you have talked to a friend, co-worker or family member who has received a big settlement, there is a reason. The insurance company tries to minimize any claim that they have as it is their job to make the most profits. By giving out money to injury victims, that obviously minimizes the insurance company's profit. Therefore, do not be surprised if the insurance adjustor befriends you right up until the point that it comes to asking for a settlement.
What you need to do is make sure that you have all your documentation and have not made any mistakes along the way. So, when you attempt to settle your accident claim you will not get ambushed by the insurance adjustor. Some of the ways that you can make sure you get the best settlement possible for your car accident claim is to:
- Take photographs of the scene of the accident and your injuries
- Make sure you see all of your medical bills and records and that the diagnostic codes and dates are akin to your medical care
- If you had surgery or will need surgery because of your injuries, make sure that it is documented in the records. You will also want to speak to an experienced doctor who understand what permanent impairment ratings are because this is something that the insurance adjustor will look for when settling your claim. Many doctors will see the patient and typically charge a fee for an impairment rating. You need to be careful to go to a doctor who understands what a permanent impairment rating is for car accident claims, as not all doctors understand this. Many doctors do not want to get involved with car accident claims.
- Make sure any lost wages are documented. You will also need the doctor to verify all of your lost wages as well
- Verify that any disability policies or health insurance companies do not have liens on your case. This is a case by case basis. Also, medical liens or balance billing liens are something that need to make sure do or do not exist. This is so that you can discuss them with the insurance company or ask for a reduction from the medical provider or health company.
Serious injury car accident claims require an experienced Phoenix car accident lawyer
If you have been seriously injured in a car accident in Phoenix, it is important you discuss your claim with an experienced injury lawyer. These are the type of cases that are most vigorously defended by the insurance companies. These types of claims would cost the insurance company a lot more money than they would want to pay if they were to give a reasonable amount to settle. Serious injury and wrongful death claims are the types of claims that the insurance company will dispute because they want to maximize their profits. The insurance company will look for any liability disputes or pre-existing injuries, or any way possible to minimize your injuries, while increase your percentage of fault for the accident. We have seen this done even with simple rear-end accident claims. Even where the Defendant admits fault when it comes to settlement of a Phoenix car accident claim, the insurance adjustor will do everything to minimize the damages so that the settlement is less. Sometimes if you do not hire an attorney at the beginning for a serious injury accident, it will be near impossible to find a lawyer once you try to negotiate the claim. If you have been seriously injured, mistakes like these could cost you thousands or tens of thousands of dollars. You need to have an advocate on your side when you have been seriously injured orhave lost a family in a fatal accident caused by the negligence of another driver. If you are unsure if you need a personal injury lawyer, give us a call and we can answer your questions. We offer a no fee guarantee and will answer all of your questions absolutely free. We want to make sure that the insurance company does not win when fighting innocent victims who have received serious injuries in a car accident.
