Car Accidents SettledEven if you have been involved in a car accident that apparently did not result from your fault, you have to understand that when it comes to compensation, your insurer is going to try very hard to get away without paying the full amount you are entitled to. Their plan is to complicate the claim settlement process, get you worn out, and force you to settle for as little as possible. The aim of this article is to equip you with the necessary information with regards to the car accidents claim process, how you could make your claim stronger, and how the claim is eventually settled.

Car Accident Claim Process

When car accidents happen, it is tough times for the parties involved. The accident claim against the insurer for the damages only make the bad situation worse. There are a number of issues that the victims or their loved ones have to deal with. These include litigation, medical expenses, claim adjuster, and repairmen among others. However, a proper understanding of the car accident claim process can reduce significantly the amount of anxiety that comes with such unfamiliar events.

The affected party has to understand several aspects of the claim process to reduce the unease during the hectic process. It is imperative to appreciate the fact that apprehension is almost natural when car accidents occur. If you ask any American motorist how good they are at driving, the answer is most likely going to be “very good.” On the other hand, if you ask them how others drive, you are likely going to get negative answers. All in all, statistics show that about 20% of all motorists in developed countries have been involved in car accidents in the recent years, but in almost all the cases, the drivers are a pain to absolve themselves of any wrongdoing. Thus, it is essential to go thoroughly into the causes and then proceed with maximum caution throughout the car accident claim.

Once the insurer is notified of the occurrence of a car accident, a representative of the insurance company is assigned the task of handling the claim. The first thing the investigator does is to find out if the insurance policy is valid and whether the loss or the damage is covered under the policy. The next step involves the interviewing of the parties involved and preparing a comprehensive report covering all witness statements. This step is critical because it establishes the party that is responsible for the losses incurred. Once the liability is fixed and it is established that the insurance company is responsible, the claim adjuster will evaluate the

damages on the car (or the damages that the car has caused) and the extent of bodily injuries if any. However, it is important to note that the insurance company is only responsible for the covered losses. Any damages beyond the purview of the accident will not be covered. It is also essential to know that medical information will play an important role in determining the amount that the insurance company will pay in settling a car accident claim.

How to Make your Car Accident Claim Stronger

As noted above, insurance companies will stop at nothing to ensure that the amount they pay you for car accident claims is as little as possible. To make sure that the claim is strong, you have the responsibility to prove that the accident happened due to the negligence of another party. Thus, the burden of proof lies squarely on you. It is, therefore, important that you collect as much information about the accident as possible. For instance, you have to get the details of the other party; record their address, their car number, their phone number, their insurance policy number, and even the type, the color and the plate number of their car. Also, get the contact information of the eyewitnesses. You can also take photographs of the accident scene. In case you are injured, get a medical report from your doctor. In a nutshell, the more facts you have to support your claim, the higher the payoff you are likely to get.

How the Claim is eventually settled

Most insurance companies are using complicated computer programs to calculate what they should pay for a given car accident claim. Their idea is just to legitimize the meager amounts they are willing to pay. It is, therefore, imperative to get the assistance of a car accident attorney in Mesa who understands car accident claims settlement properly. Remember that if you accept what an insurer is offering, there is no way to reverse the decision. Thus, if you are not satisfied with what your insurer is offering, it advisable that you file a lawsuit, and go to court for a legal determination as to how much what you are entitled.

Additional Resources For Car Accident Settlements & Claims

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





Please prove you are human by selecting the Star.

Why the increase in pedestrians deaths in Arizona? There are many things going on while we are driving or walking on the road and sidewalks. It is quite easy to be distracted, and normally if you are only looking away for a second, nothing too bad happens. Though there are times when it is just that

1 second that it’s all it takes for a really bad accident to occur. It is not just being behind the wheel and concerned about others in their vehicles, but it’s also the pedestrians walking around.

New research done by the Governors Highway Safety Association shows that Arizona is rated third highest state for a number of fatalities per population. Phoenix/Arizona has been high on the lists for about 20 years now and seeing a consistent increase. With everything being at your fingertips, it is reasonable to say that 11% of the increase is due to cell phones. “You’re always on that phone!” might actually cost you your life. It’s not that being on your phone is the cause of all bad things, but it does assist in distractions for both drivers and pedestrians. Last year in Arizona, there was almost 200 people, statewide, who did not survive their injuries in these pedestrian accidents.

Awareness To Pedestrian Safety

In attempts to try and bring awareness to the increase we are seeing, new education is being explored. Arizona has received funding from the government to work towards programs and initiatives that will keep pedestrians safer. Over the course of the next few years, you will start to see new ads, and new resources to help keep drivers less distracted. When you are in transition from one place to another try to stay focused and present in the moment. Everyone makes mistakes sometimes but make sure you are in a clear-headed space make all the difference. Everyone needs to work together to keep the streets safe and maintain a hyper-awareness of your surroundings, both as the driver and as a pedestrian.

Life is delicate, and knowing the right people to contact in times of trouble is crucial and sometimes difficult to navigate. When the programs are not enough, and when you find yourself amidst the situation yourself, it is important to have the right lawyers. It is not always death that happens, but sometimes very serious injuries or someone you know might have gotten hurt, and you will want the right representation. When you are facing adversity, we will face it with you, fight for you, and make sure that your safety is our priority.

Additional Resources on Pedestrian Accidents

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





Please prove you are human by selecting the Cup.

Relevant Evidence for Different Types of Personal Injury Cases

When it comes to various types of cases, there will almost always be the evidence needed to prove the information being offered. If a person has all they need, they should be able to present a pretty clear and seamless case. However, it’s important to know the evidence needed for each type of case to be prepared, and that’s where many people falter. Personal injury cases are quite popular and have an entire list of evidence that will be relevant across most of these types of cases.

Police Reports

If at all possible, always involve the police, so there’s an official report corroborating your story. You’ll want to have an official copy of the police report since this is a strong piece of evidence giving details on the incident, who was involved, times, and other minor details.

Physical Evidence

Physical evidence will play a heavy role in personal injury cases. For example, say a business had a hole in their floor with no warning sign. Someone didn’t see the hole in time and tripped, hurting themselves. Getting the police involved to preserve the physical evidence is an option or a photo following the incident within a couple of days, at most is also a great example of physical evidence. Anything involved in the accident that could be used as physical evidence should be preserved. In other words, if you have clothes that serve as evidence, don’t wash and fold them, preserve them, and so on with any other physical evidence.

Photos

Get all the photos and videos that you can. Many times, these can be compared to security cameras or other photos taken around or at the time of the incident. Word alone doesn’t hold much weight in a personal injury case; however, photographs and physical evidence do. Prints of photos are best. Not photos you can show someone on your phone. Taking the photos with your phone is perfectly fine; however, you’ll want to have tangible copies of those photos and a hard copy stored somewhere just in case.

Record of Injury

Whether it’s hospital bills, doctor notes, photographs of the injury, etc. all of these are pertinent to a personal injury case and lend proof to the injury caused. Since the injury itself is a large part of the case, being able to see the injury or have a document from a medical professional will only solidify the case further.

Returning to the Scene

If need be, return to the scene of an incident as soon as possible and gather any evidence needed. This could be items left behind, photos of the damage caused, photos of the problem that caused the incident, etc. If this is a severe case, you’ll want to check with local law enforcement to ensure there’s no issue with you visiting the scene.

If you ever have any questions about what evidence you’ll need to gather for your personal injury case, it’s best to talk to an attorney. They’ll be able to help you with your specific circumstances.

Pedestrian Accidents

Across the United States, pedestrian accidents are becoming more commonplace. With roads constantly buzzing with distracted drivers, there’s plenty of room for incidents involving those on foot. Over 500,000 pedestrians die every year from incidents involving motor vehicles. Another 76,000 suffer injuries from the same types of accidents. Arizona’s 7th congressional district was just named the most dangerous area to walk. This covers most of Phoenix and parts of Glendale. Around five citizens per 100,000 in this district, died due to pedestrian accidents. With numbers so high, it’s important to know your rights as a pedestrian as well as a driver involved in a pedestrian accident.

Is the Driver Always at Fault?

Many people believe that because there was a vehicle involved, the fault lies with the driver. However, this isn’t always the case. Both the driver and the pedestrian have to be within the law when incidents occur. Of course, it’s always wise for those driving vehicles to be aware of those around them. However, with busy streets such as the ones you’ll find in Phoenix, it’s not always so cut and dry when avoiding pedestrians. Many times, once a pedestrian is seen, especially in an area they’re not expected to be, there’s not enough time to slow down or react to avoid an accident. Both sides will be taken into account when a pedestrian accident occurs. However, there are other factors where the driver is handed more responsibility. This often lies with the age of the pedestrian in question.

What Should I Do if I’m Involved in a Pedestrian Accident?

There is a basic code of conduct that should always be followed in accidents, including a pedestrian accident.

  1. Always call the police and an ambulance if needed. This should be your first focus.
  2. Whatever you do, don’t leave the scene, even if you think everything is under control. Get released by an officer before leaving.
  3. Don’t start talking and offering stories to other drivers, pedestrians, or random people standing around. Keep your words to yourself until you can talk to an official.
  4. The only talking that should be occurring is getting the names and numbers of witnesses that may be able to affirm what occurred.

Duty of Care

There is a certain level of care that is referred to as “duty of care” for those that could be involved in a pedestrian accident. Of course, a driver’s duty of care is to pay attention, not drive while distracted, follow traffic laws/signs, and practice extra caution in work, play, school, etc. zones. A pedestrians duty of care is not to walk where the law prohibits, follow signs, not disrupting the flow of traffic, walking out in front of moving cars, etc. In other words, common sense and following basic law go a long way when it comes to pedestrian accidents.

If you’ve been involved in a pedestrian accident, whether you were the pedestrian or the driver, be sure to ask an attorney about your rights and how to move forward.