Legal Question in Personal Injury in Arizona

Car Accident- not at fault, what would you do?

I was in a car accident that wasn't my fault in September 2008..it was not my fault and 3 other cars were involved. I was the only one not found at fault. I went to emergency chiropractic 09/23/08 to 11/10/08 and received a bill for approximately $3500. The insurance claims adjuster told me that they would not cover the full $3500 bill and so some of the money they were going to pay me off with will have to be used...the full payout they offered me was $4100 so i would only net about $500 and some change...i have asked the claims adjuster to put into text everything we spoke of and she is to email me that quotes along with a release form. I am planning on getting a consultation...but i was wondering if this is fair. The person who was at fault is also with the same insurance company as me..so are they really shorting me or should i go ahead and take the offer?


Asked on 11/24/08, 8:36 pm

3 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Car Accident- not at fault, what would you do?

Speak with an injury attorney at once. Do not communicate with the insurance company until you have seen the attorney. We offer free, no obligation consultations on such cases, with experience since 1979 in such matters, including substantial experience with Emergency Chiropractic cases. It sounds like the insurance company is trying to take advantage of you, since you are not represented by counsel. More details need to be known to address your situation. Bring copies of any correspondence, police reports, photos or medical bills and charts you have to the consultation. What you do not have the attorney can obtain.

For more information see our blog at JenkinsLawCenter.blogspot.com

Best regards,

James D. Jenkins

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Answered on 11/25/08, 2:37 pm
John Kubasch The Kubasch Law Group

Re: Car Accident- not at fault, what would you do?

Unrepresented injured persons do not get a "fair shake"

in most cases. The insurance companies like to settle quick and cheap.

John

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Answered on 11/24/08, 8:40 pm
Michael Fairbairn Cordova Michael Cordova P.C.

Re: Car Accident- not at fault, what would you do?

There are a lot of factors to take into account to determine the value of a personal injury claim arising out of an automobile accident. First, there is the determination of liability, and who is at fault -- sometimes there's more than one driver at fault. Next, there is the issue of the severity of the impact, and on a related issue, the injuries sustained, which includes the medical treatment (including length of treatment), and the amount of the medical bills, and what is contained in the medical records.

Assuming no comparative negligence on you, the settlement offer sounds on the low side, however, insurance companies often try to take advantage of a party who is not represented by an attorney. Heck, sometimes they try to do it even when a party has an attorney.

I would recommend that you have an in person consultation with a personal injury attorney. My office would be happy to meet with you at no charge and review your case. We could also structure a fee arrangement whereby if we do not improve your situation from the current offer, we would not charge you any attorney's fees. Please feel free to visit our website at www.mcordova.com, or call us at 602.265. 6700.

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Answered on 11/24/08, 9:38 pm


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