Today we will discuss the most commonly used car accidents defense in Arizona. Motor vehicle accidents are common in Arizona. Once the auto accident occurs, the police and insurance adjusters will do an investigation in order to determine who’s the at-fault party. Now, just because there’s one driver who is to blame for the auto accident, that doesn’t mean that the insurance provider won’t try to defend itself from the insurance claim and try to blame the other party for the accident.
Disputing Liability Is the Most Common Car Accidents Defense
This is probably the most common car accident defense used by the defendant and the insurance provide. They outright claim that the defendant didn’t cause the accident at all. The at-fault party is found through a thorough investigation of the accident site. The investigation is done by law enforcement officers, insurance carriers and legal teams. Once the investigation is concluded and one individual is blamed for causing the accident, he/she could potentially try and dispute these claims in order to avoid paying any kind of compensation.
Partial Blame
Aside from denying the responsibility for causing a car accident and disputing it, the defendant might also try to partially blame another party for the accident. Situations where there’s more than one at-fault party are possible and if there’s a “comparative negligence” law, like in Arizona, the other party can still recover some compensation even if he/she is partially to blame. However, in the event there’s comparative negligence, the other at-fault party will receive compensation decreased by the percentage of his/her fault. So, the more you’re at fault, the less compensation you will receive.
Car Accidents Defense – Not Seeking Medical Help
If you end up in a car accident, it’s very important that you seek medical help immediately. Some car accident injuries can take time to manifest and cause real problems, so it’s best to get examined by a medical professional so that you can be sure that you’re in good health. Failing to seek medical care after the accident can not only increase your chance of serious health problems, but it the defendant and insurance carrier can use this against you, claiming that the injury wasn’t caused by the accident at all, since you didn’t seek medical attention.
Statute of Limitations
In every US state, there is a set time you have to file a lawsuit against the at fault party in a car accident. This is called the Statute of Limitations. In Arizona (as in many US states) that time is two years, from the date the accident occurred. You have to be really mindful of this, because if you miss it, the insurance carriers and defendants have used this as a good car accidents defense in the past. Once the statute of limitation expires, you won’t be able to receive compensation for your injuries or damages.
Furthermore, you should be aware that insurance companies also have their own deadlines by which you need to submit your claim – usually in a day or two after the accident. If this deadline is missed, that can significantly delay the process and even result in your claim being denied.
Car accident claims, are not always simply and a straightforward process. They can be complicated and can involve a lot of parties. Since auto accident attorneys are well experienced in navigating the system and know what to do and when to do it, it’s always recommended to contact a car accident attorney to represent you. They are also aware of these common car accidents defense traps and will work closely with you to protect your rights after the car accident.
