If you have been involved in an automobile accident or are close to someone who has, you are familiar with the emotional shock that can affect the victim of the accident. Beyond the immediate physical injury and damage to property, an automobile accident victim will experience short and often long-term trauma that effects his or her confidence and decision making.
In the short-term aftermath of an accident, however, it is important to make levelheaded decisions that will allow you to protect your legal rights. To do so, you should immediately consult with an accident attorney Phoenix residents trust.
What if the Person at Fault Doesn’t Have Car Insurance?
Arizona, like almost all states, requires drivers to carry insurance to cover the cost of damage that the driver may be responsible for in an accident. Unfortunately, not all drivers purchase insurance. In addition, out of state drivers may have no insurance or insurance below the Arizona minimum standards.
Many Phoenix car accident lawyers that accident victims speak to are not inclined to take these cases because of the lack of primary insurance coverage. Arizona, however, does have requirements that drivers carry uninsured or underinsured motorist coverage. If you have uninsured motorist coverage, you can make a claim on your own insurance policy against the victim who does not have adequate insurance.
Drivers who are without insurance can pursue compensation for injuries as well but must be very cautious when they do so. Not having the legally mandated insurance is a criminal offense that can lead to significant monetary fines and a suspension of your license. It is therefore crucial to consult with an experienced car accident attorney in Phoenix that residents go to when they have a difficult case.
Who is At Fault or Liable for an Accident?
Arizona, like the majority of states, determines liability in auto accident cases based on the degree of fault of the parties to the accident. A driver who is responsible for an accident can be sued for all damages that he or she caused. Damages can include medical bills, lost income, damage to your car or other property and damage for pain and suffering resulting from the injury.
In some cases, both parties may have contributed in part to the accident. Arizona is what is known as a “pure comparative negligence” state, where a party may recover damages based on the other party’s degree of fault. This is so even if the injured party was more responsible for the accident than the other party.
For example, if a driver is found to be 90% at fault, he or she may still recover 10% of the damages he or she has suffered in an automobile accident. This is true even when the driver is uninsured. As such, even if you believe you may have contributed to the cause of an accident, you should still consult with an attorney who may help you recover damages for your injuries.
Speaking with an Attorney After an Accident is Crucial
A skilled injury attorney at Hutzler Law will be able to evaluate your cases, advocate for you in court and negotiate with the insurance companies that will try to deny you adequate compensation for your injuries. If you have been involved in an accident that involves an uninsured motorist, make sure you contact a skilled attorney that knows how to deal with such cases.
Jason Hutzler
Jason Hutzler is the founding partner of Phoenix personal injury law firm Hutzler Law, and represents individuals throughout Arizona. His practice is primarily dedicated to personal injury and car accident claims, leveraging his deep expertise as a former insurance adjustor to navigate the complexities of insurance negotiations.