The Other Driver’s Insurance Company Says They Can Send Me a Check, Should I Take It?
To ensure that you receive fair compensation, consult a lawyer even if the other driver’s insurance company says they can send a check after a car accident. You may be eligible to receive other types of damages than you might not have been aware of without speaking with someone who has unique knowledge of Arizona law.
Regardless of Fault in the Accident, a Lawyer Can Help in Several Ways
If you have not yet consulted a lawyer after involvement in a motor vehicle collision, there could be several considerations that you have not yet thought of. Before agreeing to accept a settlement check, talk to a lawyer.
If the other motorist in your accident was at fault, you should consider whether to bring a claim for greater coverage of your losses. Our firm is prepared to help you in any way we can.
A Lawyer Can Help You Understand the Details of Your Case
When you consult a lawyer about how to accept payment from an insurance company, they can advise you on whether you have grounds for a personal injury claim. If you do, they can explain to you whether it is best to accept the payment that the other driver’s insurance company is offering or to pursue a claim for additional damages. If you choose the latter:
- We will make sure you understand all aspects of your case.
- Your lawyer can initiate legal action immediately to ensure that your case falls within the personal injury statute of limitations in Arizona, which is generally two years from the date of your accident, according to the Arizona Statute §12-542.
- We will consult your attending physician to obtain documentation of your injuries for later use at trial or in settlement negotiations.
- Our firm will collect all available evidence pertaining to your case, including video of the crash, photographs of the aftermath, police-issued incident reports, and documented eyewitness accounts.
- A team member will interview witnesses to document their understanding of the events before, during, and after the accident.
- We will handle all legal responsibilities necessary to your pursuit of financial damages, from our initial meeting until the completion of a settlement or judgment.
- Your lawyer can represent you in court, if necessary.
- We will keep you updated at all stages of your case.
If we can link your injuries to another driver’s negligence, you may be eligible to receive compensation.
How to Spot Negligent Driving Behaviors
Negligent Arizona drivers could exhibit any number of negligent behaviors, and when these behaviors result in an accident, they can serve as cause for a personal injury claim. Some of these behaviors include:
- Traveling at excessive speeds.
- Driving too close to the vehicle in front, also known as tailgating.
- Failure to check blind spots when changing lanes or changing lanes without signaling.
- Failure to yield to oncoming traffic or pulling into traffic in any way that requires a car to slam on their brakes.
- Driving while under the influence of drugs or alcohol.
- Engaging in distracted driving: texting, making a phone call, adjusting the car’s entertainment system or radio, attending to pets or children inside the vehicle, or taking their eyes off of the road for any reason.
- Failure to adhere to the direction provided by posted signs or traffic lights.
If any of these (or other) dangerous driving behaviors contributed to your accident, then you may be able to hold the responsible party liable for any injuries or damages the accident caused.
Proving Negligence in an Auto Accident Case
In order to secure compensation, a lawyer will have to show that the defendant in your case contributed to your injuries. Note that even if the court found that you contributed to the accident, you could still be entitled to financial damages under Arizona’s comparative negligence statute,(Arizona Statute § 12-2509).
A lawyer will aim to prove the defendant in your case was negligent by:
Establishing That the Defendant Owed You a Duty of Care
This is the responsibility that all motorists must uphold when they drive. Drivers have a responsibility to not put others that they share the road with at an unreasonable risk of harm.
Showing That the Defendant Breached Their Duty of Care
The other driver may have breached their duty by engaging in any of the aforementioned dangerous driving behaviors, or a behavior that was not listed. There are many ways a driver can put anyone else on the road at risk, from other drivers to pedestrians.
Showing That the Defendant’s Breach of Duty Contributed to Your Injuries
There may be a clear link between the other driver’s dangerous behavior and your injuries. Medical documentation can provide evidence of this link, if available.
Showing That Your Injuries Resulted in Loss
Your lawyer will need to demonstrate that your injuries resulted in financial, physical, or emotional loss. The full range of your damages will be discussed at this point.
Each personal injury claim is different, but if your claim is successful, you may receive financial compensation to cover medical costs, lost wages, and other expenses you incurred due to the accident.
Call Our Team Today to Get Started on Your Case
Be sure to call a lawyer before accepting an insurance payment from the other driver’s insurance company. The sooner you call our team at Zanes Law today at (833) 629-7684 to discuss your case, the sooner we can begin working on our plan to help you pursue damages.
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