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Auto Claim Advice


THIS WEB SITE IS INTENDED TO PROVIDE GENERAL INFORMATION TO CONSUMERS ABOUT ARIZONA MEDICAL MALPRACTICE AND PERSONAL INJURY ISSUES. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LAWYER ABOUT YOUR PARTICULAR SITUATION. YOU MUST ALWAYS DISCUSS YOUR SITUATION WITH A QUALIFIED LAWYER TO BE CERTAIN THAT ALL LEGAL ISSUES APPLICABLE TO YOUR SITUATION ARE COMPLETELY AND PROPERLY EVALUATED TO PROTECT YOUR RIGHTS.


 

         Many issues arise in every claim arising out of a car accident that is caused by the negligence of another driver. The following paragraphs will help you deal with some of these issues with more confidence and will help you have a better idea of when you should consider retaining a lawyer to help you with your claim.


          Make sure to notify your own insurance company of the accident. This is important for two reasons. First, you may carry insurance coverages that will be useful to you in dealing with the effects of the accident on you and your family. Common coverages here are collision coverage for your car, medical payments, uninsured motorist coverage or underinsured motorist coverages. Using these coverages cannot cause your insurance premiums to increase when you are not at fault for the accident. Your insurance carrier is entitled to notice of potential claims so that it can perform its own investigation of the claim. Second, your insurance carrier will also defend you against any claims made by the other driver against you.


          You should also contact the negligent driver’s insurance carrier. That carrier will need to conduct its own investigation before it can pay any claim you make. There are two rules you should follow when dealing with the other driver’s insurance company:


          DO NOT give the other driver’s insurance company a tape recorded statement. No matter what the adjuster tells you, a recorded statement is not required by any law. A recorded statement will not assist you in making the claim. It can only hurt you if you say something during your deposition or trial that sounds different from what you said in the statement.


          DO NOT sign the other driver’s insurance company’s medical releases. Those releases will almost always permit the company to obtain all medical records about you that the company can find. The insurance company is not entitled to all of your medical records. It is only entitled to records regarding the injuries you suffered in the accident and records about similar conditions you had before or after the accident. Tell the insurance company that you will provide it with medical records relevant to your claim. If your injuries have required substantial medical care, you should consider retaining a lawyer to assist you with this process.


          You are, in most cases, the best person to negotiate a settlement for the damage to your car. If your car is not drivable, you can rent a car and the other driver’s insurance company will have to reimburse you if the other driver was negligent. You know the condition and equipment on your car better than anyone.  Blue book information about the value of a car that has become a total loss is easily accessible on the internet. If the negligent driver’s insurance company is not being fair, you can make a claim against your own collision coverage if you have it. You may have to pay your deductible, but this will be returned when your insurance company collects what it paid from the negligent driver’s company. Often your insurance company will waive your deductible, because it will get that money back from the other driver’s insurance company.


          If your car is repaired, you may also have a claim for the decrease in the value of your car because it was in an accident. Talk to the salesperson who sold you the car to see if you can prove any decrease in value. The law requires the other driver’s insurance to replace the value of the car at the time it was damaged. Your own insurance company will not cover loss of value claims for a repaired car.


          If you are hurt, go to your doctor. It is best that you see your regular doctor and let that doctor direct you to appropriate specialists or therapists. If you make good medical decisions about your injuries, you will be able to effectively present your claim.  While some lawyers may offer to refer you to “their” doctors, such referrals can make it more difficult to present your claim. It can make it look like the lawyer, the doctor and you are trying to create a claim that would not otherwise exist.


          If you continue to hurt, go back to your doctor. Most injuries from car accidents cause damage to muscles, ligaments and tendons.  It is important that these injuries be treated early after an accident to make it most likely that you will completely recover from the injury.  If you are admitted to the hospital, require more than a few weeks of medical treatment to recover, or if you miss a substantial amount of time from work because your doctor told you not to work, you should consider retaining a lawyer to help you make your claim. 


          You can review the frequently asked questions section of this website for further information about claims arising out of car accidents. You can also contact the Wiggins Law Offices if you have other questions.