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If you have been in an automobile, motorcycle, or bicycle accident, know your rights!
In the State of Arizona, if you have been involved in a vehicle accident as a result of another person(‘s) negligent acts (ie; they are the cause of the accident), you have a claim for your damages against person(s) for your pain and suffering, permanent impairment, lost wages, medical bills and expenses, future medical expenses and the damage to your vehicle.
Even in a situation where you have been the ticketed driver, you may still have a collectible claim for your damages under a theory of comparative negligence. This theory apportions the fault of the accident between the parties which could result in still being able to collect something. Don’t give up until you talk to me, Chuck Franklin. Call me for a free over-the-phone consultation.
Frequent Questions:
If I received a ticket, does that mean I can’t collect? No! In some cases, you can be fully compensated.
Who pays my medical expenses if I don’t have health insurance? The at-fault driver’s insurance company when the case is settled.
If I don’t have health insurance, how do I get treated? We have access to medical doctors, osteopathic doctors, physical therapists and every other imaginable medical treating provider who will wait until your case has settled to be paid. This includes surgery, if needed.
How do I pay my attorney? We represent you on a contingent basis, meaning we wait for our money until we settle your case. Our fee is 1/3 of the total recovery. We also pay all your costs up-front out of our own pocket, and wait to be reimbursed from the settlement proceeds.
What are the typical costs involved? Medical records, investigations fees if needed, deposition fees, if a lawsuit is filed, expert witness fees to prove that the other person is responsible, and the possible costs of bringing your doctor to court to testify to the extent of your injuries.
How long will it take to settle my case? It really depends on your case. We never really know what your case is worth until you are done being treated and your doctor has released you. You may have an impairment rating which is a percentage that your doctor assigns to you when you are permanently impaired as a result of the accident. An impairment rating translates to greater damages which equals more money in your pocket.
In what percentage of cases does a lawsuit have to be filed? That used to be an easy question before the recession hit. It appears that insurance companies are not as eager to part with their money these days, and therefore, you have to fight for the full value of your claim by filing a lawsuit against the at-fault party in order to have a jury decide the true value of your case.
Do I sue a person’s insurance company? No. Many think you sue an insurance company, but in reality, you sue the at-fault party and their insurance company provides an attorney for their defense. Their insurance company also is the one writing the check to you when you win, up to the limits of the at-fault party’s insurance.
How much and what kind of insurance should I have? All people should have at least $100,000/$300,000 in liability coverage.
Should I have uninsured and underinsured coverage? Yes! Yes! Yes! I cannot stress this enough. This insurance covers you when the other driver has no insurance or has the state minimum insurance of $15,000/$30,000. Your uninsured and underinsured coverage has to be equal to or less than your liability. This is why you need to have $100,000/$300,000 of liability so you can have the same amount of uninsured and underinsured coverage.
My insurance agent said I don’t need uninsured or underinsured. He said he can save me a lot of money if I don’t get it. Is he right? Not really. What he is really saying is that he is saving his company a lot of money by not writing this policy. By you rejecting uninsured and underinsured, his company is not having to insure all the other people out there with no insurance or state minimum insurance that may hit you and cause you major damages.
Example One: You are riding a motorcycle and someone turns left in front of you. They cause you to hit them and you suffer a badly broken leg which requires surgery and twelve weeks off work. You now have a limp (permanent impairment). This person had state minimum $15,000/$30,000 of liability insurance and you had no underinsured insurance coverage. How much can you get? $15,000 is all that is available. That’s it! You can’t squeeze blood out of a turnip! You lose your house and your job.
Example Two: Same as above, except you followed my advice and got uninsured and underinsured coverage of at least $100,000/$300,000. Now you have the at-fault party’s $15,000 and your $100,000 underinsured money. It may not make you whole, but you’re a lot closer and you still have your house.
Will I make a lot of money from my accident? No. This is not a money making game. The law is designed to make you whole again–not to make you rich, or to be a windfall for you.
What about the damage to my vehicle? We will get your property damage claim resolved at no cost to you as part of what we do for our clients, as long as a lawsuit is not filed and property damage becomes one of the issues in the lawsuit.
Suppose I owe more on my car than it is worth and it gets totaled? Sorry to say that you are then going to be out-of-pocket for the balance of what is owed to the lender. The at-fault party is only responsible for the lost value of the vehicle, now what’s owed on it.
What is Gap Insurance? Gap Insurance is a policy of insurance, typically from a different insurance carrier than your own liability carrier, that pays off the lien holder or lender on your vehicle after the at-fault’s party carrier pays the value of the loss. The Gap Insurance kicks in to pay the balance of the lien or loan off in full and you don’t have to come out of pocket. It’s very inexpensive and the smart thing to have in today’s economy.
Since my attorney gets 1/3 of the settlement, do I get the remaining settlement proceeds? Usually not! In Arizona, medical providers have a statutory right to settlement proceeds received from a 3rd party at-fault driver.
Example One: You walk into a hospital off the street after an accident with no health insurance and you want an x-ray. You’re a cash paying patient, so the charge is $100. You pay the $100 and go on your way. You later collect damages from the party that caused you to get the x-ray (settlement proceeds from the at-fault party). The hospital has no right to your settlement proceeds. Bill paid in full. End of story.
Example Two: You walk into a hospital after an accident that’s not your fault and causes you to incur medical expenses, and you have for example Blue Cross/Blue Shield Health Insurance (hereinafter BC/BS, for illustration purposes only). BC/BS has a contract with that hospital that if one of their insured’s (you) needs an x-ray, it will cost BC/BS $30 to cover that x-ray. You owe the hospital nothing more, but if you collect money from the at-fault party’s insurance carrier, then the hospital has a lien or claim against those settlement proceeds for $70, the difference between the “street” price and the “contract” price with BC/BS.
This may seem confusing and totally unfair, but Arizona law gives medical providers, typically hospitals, the right to recover. In addition, if your health insurance carrier is governed under the Federal Employment Retirement Income Security Act (ERISA), then you may have to pay back your health insurance carrier as well as the providers!
The above may seem complicated and unfair, but it’s the law. The same rules apply to Medicare/Medicaid recipients, as well as AHCCCS patients. These liens are often negotiable for pennies on the dollar.
KNOW YOUR RIGHTS, AND MAKE SURE YOUR ATORNEY KNOWS YOUR RIGHTS!
Call Today 480-545-0700.
*The information contained in this website is for informational purposes only and should not be construed to be legal advice. If you want legal advice, contact Chuck Franklin personally. Remember, the law is fluid and forever changing.
