People who have been injured in a car accident sometimes must deal with the denial of their claim by their own insurance company or that of the other driver’s insurer. In other cases, the claim is not outright denied, but the insurer offers a settlement that seems unreasonably low. Insurance companies have many reasons for doing this, and it can be challenging to convince them to change the decision. An Auto Accidents Attorney in Glendale AZ can help individuals dealing with these circumstances. It’s better not to simply give up and accept the insurance company’s decision without at least attending a free consultation with a lawyer.
An insurer may refuse to pay on a claim if it finds evidence that the injured driver was partially responsible for the accident or was negligent. For instance, the company may refuse to pay if that driver was talking on a handheld cell phone when the collision occurs. It may use Arizona law to support this decision, since state regulations prohibit using a handheld phone while driving. However, that doesn’t necessarily mean this person is not due financial compensation if the other driver caused the accident. Arizona has another law, known as pure comparative negligence, which allows injured persons to claim compensation even if they were partially at fault. An Auto Accidents Attorney in Glendale AZ understands how these regulations affect plaintiffs and insurers in injury cases and can provide effective legal representation.
The insurance company may use previous physical conditions against the claimant. For instance, if the injured person had previously seen a chiropractor for neck pain and has been experiencing neck pain against since the collision, the insurer may decide the accident did not cause the discomfort. The individual will need documentation from medical doctors stating that this is a new injury or that the accident did indeed worsen an old injury. In some cases, an organization such as Garrison Law Firm will hire an expert witness, such as a back pain specialist, to support this information. Further support could be provided in studies verifying that whiplash accidents can aggravate old injuries that had not caused problems in years.