What am I entitled to if I am involved in an accident caused by another driver ?
Generally, you have a claim for your property damage and also a Personal Injury claim. Usually, you will settle your property claim first.
Property Damage: Repair or replacement of your vehicle. The responsible party or their insurance will pay for repairs to your vehicle. If the cost of repairing the vehicle is more than the car is worth, the insurance company will pay you the Fair Market Value of your vehicle..
Damage or Destruction of personal items: if any personal items were damaged or destroyed in the accident (for example eye glasses, items in the trunk etc.) you are entitled to have those items repaired or replaced.
Rental Car: under Arizona law, you are entitled to a rental car for each day that you will be without a car. Once the insurance company has repaired your car or made you an offer for the Fair Market Value of your vehicle, there is no longer an obligation to provide you with a rental car. If you are unable to rent a car, you are still entitled to “loss of use” for each day that you are without a vehicle.
Personal Injury: The following damages make up your personal injury claim:
- Medical expenses: you are entitled to compensation for all of your medical expenses related to the car accident, even if they have already been paid by your health insurance.
- Lost Wages: if you are unable to work because of your injuries, you can recover lost wages.
- Incidental expenses: any money that you have spent out of your own pocket due to accident related expenses (for example; prescriptions, a housekeeper or daycare provider due to your inability to clean or care for a child).
- Pain and suffering: In Arizona you are allowed to recover for your pain and suffering.
What is my Pain and Suffering worth?
It is difficult to place a value on pain and suffering. Insurance companies will look at a number of factors in order to determine Pain and Suffering damages. They look at the severity of the accident: little or no property damage vs. severe damage to vehicle; nature and type of injuries: was immediate medical care required, what type of medical care was given, how long was the person treated? Long term diagnosis or prognosis: are you back to normal, will you have permanent injuries? All of these factors affect the pain and suffering value of your case.
What if my driver caused the accident?
As a passenger, you have a claim against any responsible party, including your own driver. Remember, your claims for injuries or property damage are not against your driver directly, but rather against his/her insurance company. And, in Arizona, you can recover against a family member.
What if I am injured and do not have health insurance or can’t afford a doctor?
If you have no health insurance and cannot afford to pay to see a doctor to treat your injuries, call us immediately. The Cabrera Law Firm can help by providing you with the names and phone numbers of medical care providers in your area who will agree to treat you for your injuries on a lien basis. They will agree to provide you with medical care with the understanding that you will pay them out of the proceeds of any settlement that you receive when your case is concluded.
How expensive is it to hire an attorney to
Our firm handles auto accident and other personal injury cases on a contingent fee basis. This means that if we agree to take your case, we will only take a fee for ourselves if we are successful in collecting something from an insurance company or the responsible party. Our share of the recovery is limited to 33.3% percent of the total amount recovered. As with most attorney’s handling these type of cases, you will always be responsible for our Costs whether we collect a fee or not. A cost is an expense that we incur while working your case (for example, postage, long distance charges, copies, etc.). At our firm we will let you know what your costs are and try to keep them as low as possible.
Have you been in a car crash in Tucson? Injured at work near Tucson?
Remember that you can find your personal injury attorney in Tucson, Arizona at the Cabrera Law Office.