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Were you or a loved one involved in a car accident and wrongly accused of causing the crash? If so, you need to speak with an experienced attorney. Car crash claims are challenging, especially when liability is in dispute.
Facing accusations doesn’t just cause complications in the legal process. Being accused of something you didn’t do causes all sorts of anger, grief, and confusion. Instead of trying to navigate the complexities of a vehicle accident claim, let our Shapiro Law Team fight tooth and nail to secure the compensation you deserve.
Comparative negligence is a claim that the other party in a lawsuit is at fault. Arizona is a pure comparative negligence state, meaning if you are at fault for any percentage of the accident, your damages will be reduced by the percentage of fault.
So, how does pure comparative negligence work? If your damages are $200,000 and a judge determines you’re 90% at fault, your damages will be reduced by 90%. Instead of $200,000, you would recover $20,000.
It all boils down to compensation. Instead of considering your well-being, insurance companies just want to make the best profit they can. Even if you know the car accident wasn’t your fault, auto insurance companies will try to coerce you into admitting fault for something you didn’t do to speed up the process.
What To Do After A Car Accident That’s Not Your Fault
Whether you have been accused of causing a car crash while at the scene of the accident or in the days following, there are a few steps you can take to help ensure fair treatment.
1. Gather as Much Evidence as Possible
Gathering as much evidence as you can will only help your case. If it’s safe to do so, use your smartphone or another camera to take photographs of vehicle damage, injuries, skid marks, debris, traffic, and weather conditions. Remember to grab the names, numbers, and information of any eyewitnesses or drivers who saw the accident happen. Eyewitnesses see what you don’t, so gathering information from these individuals is a must.
Along with obtaining medical help, reporting the accident should be at the top of your list following a crash. The police need to conduct a preliminary investigation so they can fill out an accident report. This report will be used by the insurance carriers to determine fault and calculate damages.
2. Never Admit Fault
Not admitting fault in the days following the accident is crucial. Even if there’s a chance you contributed to the incident, you never know what other factors may have caused the crash until all evidence has been evaluated. Even saying something as simple as “I’m sorry” could be misconstrued by other parties as admitting fault on your part.
Be guarded in your statements to other drivers and passengers at the scene. Don’t say anything other than a simple acknowledgment that the accident occurred.
3. Understand State Laws and Insurance Coverage
In Arizona, you’re entitled to compensation regardless of if you were partially at fault. As mentioned above, you can recover a percentage of damages depending on the percentage of your fault. We urge you to call an experienced lawyer soon after the accident, as Arizona’s statute of limitations for personal injury claims is two years.
The minimum auto insurance coverage required for Arizona drivers is:
4. Do Not Speak to an Insurance Claims Adjuster
In the days following an accident, an insurance claims adjuster will likely contact you to ask for a statement. They may even ask you to give a recorded statement. If you make a statement before a complete investigation of the accident has been conducted or before you’ve completed your medical treatment for any injuries, this could jeopardize your claim in the long run.
Anything you say to an insurance claims adjuster can be used against you, either to reduce the amount of money they pay or to shift liability for the incident onto you.
5. Reach Out to a Car Accident Attorney
Contacting a skilled lawyer is the best move you can make following a car accident. An attorney will immediately begin working on your case and handle all communication with the other parties. An attorney will use their resources to gather evidence needed to prove liability, handle negotiations with insurance carriers, and fully prepare your case for trial, if necessary.
Contact Shapiro Law Team for a free consultation to discuss your case confidentially.
You have a right to receive compensation from the at-fault party. You may even feel compelled to sue the other party’s insurance company. Doing so allows you to achieve the best possible outcome, including maximum payout. We strongly advise you to let a skilled attorney take the reins of your case, as navigating the legal process can impact your compensation.
Getting medical treatment after an accident should be mandatory. If you were involved in a car accident, you must get medical treatment, regardless of how minor the crash was. Making your health a priority only helps you and your case. Receiving a comprehensive medical exam can also be used as evidence in your car accident claim against the other party.
If you are not at fault and have collision insurance, a Shapiro Law Team attorney can help you file a claim with your insurance provider. Filing a claim with your insurance will pay for any repairs or the complete loss of your vehicle.
When you decide to file a claim with your insurance, it’s important to note you’ll be responsible for covering your deductible for any necessary repairs. The good news is there’s a chance you could be reimbursed if your insurer is able to settle with the other driver’s insurance.
The Takeaway
Being involved in a car crash is a scary experience. Being blamed for it makes things even worse. We’re here to remind you to take a breath and call Shapiro Law Team. We’re also here to guide you through these tough times and fight for the compensation you deserve. Call now for a free consultation.
FAQs
Are there things you should not do or say after a car crash?
We advise you not to say things like “I’m sorry” after a crash. A simple apology could shift the blame onto you, affecting your total compensation.
Who pays for car accident damages if the crash wasn’t your fault?
Arizona is an at-fault state. This means the insurer of the at-fault party will pay for damages.
Should you talk to the other insurance company?
It’s best to avoid speaking with the other driver’s insurance company. A Shapiro Law Team attorney will handle all negotiations with the other insurance company.
Can a passenger be a witness in a car accident?
Yes, a passenger can be considered a witness in a car accident.
Do you have to go to court for a car accident?
It depends on your claim. In many cases, going to court isn’t a necessity.