John Kelly is a Phoenix car accident lawyer. Visit http://www.jkphoenixpersonalinjuryattorney.com/auto-accident for more information. In this Google Hangout he answers some common personal injury questions.
Question 1: When walking my dog, I was hit by an illegal immigrant with no insurance. He was arrested. I have some medical bills. Is there a way to get these covered through a lawsuit? 6:40
Answer: Yes, you are going to have a lawsuit against someone who runs you over on the road but the question is when will you get the judgment? Unfortunately, sometimes it happens so that the other party who caused you the damage and is responsible for the accident doesn’t have insurance or assets to cover for your injuries. As an attorney, what we do is work with medical providers to notify them of the situation. Sometimes they will cooperate and reduce their bills. In short, there are a lot of things that attorneys can do to for compensation.
Question 2: How long do I have to file a car accident claim? 0:36
Answer: Every state has different laws regarding this. The limit within which you can bring the lawsuit varies from state to state. In Arizona, generally, after a car accident, you can bring the lawsuit within two years from the day of the accident. There are some exceptions to this but two years is the general limit. One of the major exceptions is that if some minor that is an under-18 is involved in the accident. In such a case, you can bring the lawsuit after they turn 18. The two-year-limit starts after their 18th birthday. There are other exceptions and complications. You really need to consult an attorney and assess your condition with him.
Question 3: My insurance company has denied my claim. What is the next step? 1:56
Answer: This is an interesting question. Normally, I get the question that the other insurance company has denied my claim. In such a case, there are a lot of options to consider like you can push forward and file for a lawsuit, go to a trial etc. However, in this case the individual’s own insurance company has denied the claim. In such a case I would make the assumption that this is an uninsured claim. It means that the lawsuit was actually directed towards a person who didn’t have the insurance to cover your injuries, thus you went to your own insurance company and asked them to pay for your injuries and damage based on someone else’s fault. If they deny that claim, then you can demand arbitration. Usually, there is an arbitration agreement in your policy. This gets really complicated so you definitely have to consult an attorney to get the best guidance.
Question 4: I went to dinner with my wife and had a few drinks. On the way home my car was hit by another driver. The police showed up and arrested me for DUI. I’ve resolved my DUI case. Do I have a legal case against him since he caused the accident? 3:28
Answer:n Absolutely. Just because you were driving under the influence and you get convicted for that, it doesn’t mean that you have no claim to file against someone who injures you. The main question is who is responsible for the accident? In this case, it looks like that the other party was found to be at fault. However, I would expect the other party to claim that they are not 100 percent at fault because the driver was driving under the influence. These are the things that get unraveled as the case proceeds further. But generally speaking, if you were not at fault for the accident, then you still have a good injury claim.
Question 5: I live in Phoenix, but was on a vacation in Costa Rica. I was in a car accident with a rental car. At the time they charged my card a little over $2,000 to cover the damages, but now I’m receiving demand letters for $4500 more. What do I do? 4:58
Answer: Since in this case another country is involved so there is completely different jurisdiction that is going to cover the legal aspects of the case. What the individual needs to know is that where all these bills are coming from, what were the medical expenses of the other party, which insurance companies are involved etc. We need to get to the bottom of the case so that this individual can have an absolute resolution of the case and not worry about more bills coming towards him without knowing what they are for.
Kelly Law Team
1 E Washington St.
Phoenix, AZ 85004
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