States throughout the nation give accident victims different processes when seeking compensation. Some states follow no-fault laws, allowing people to file a claim with their own insurance company to pursue compensation. In other states, fault laws give way for claimants to file a claim against the negligent driver and their insurance company.
What At-Fault Means
In most car accidents, one driver is more at fault than the other. This is the person who should be responsible for the compensation you deserve. However, in order to hold someone accountable, you must prove liability:
- The other driver held a duty of care to protect others on the road.
- They did something to breach that duty of care, such as any act of negligence.
- You suffered an accident because of the other driver’s actions.
- Your accident resulted in physical and mental damages.
When you file a claim against someone else and their insurance company, it can be a challenging situation. Insurance companies want to protect profits, so it’s vital to have a lawyer on your side.
How to Protect Your Rights
Not only can an attorney explain your rights per the state’s fault laws, but they can also help you understand the collateral source rule. This rule prevents insurance companies from using the amount you recover from your insurance company for medical coverage to reduce how much they pay you. This is just one of the many tactics they use to impact your claim and its value.
At Cook Law Office, PLLC, you will find a team dedicated to you and your rights. Trust that our Arizona car accident attorneys have the knowledge, experience, and resources to stand in your corner. Our goal is to protect you from insurance companies who may try to take advantage of you during a stressful situation. We’re ready to help.