Zachar Law Blog

How to handle property damage in Phoenix, Arizona after a car accident. What you need to know.

How do I get my car fixed after an accident in Phoenix, Arizona? Is this something I have to do myself?

As part of the personal injury claim process, you have two options and both options will require some involvement by you.  You can either pursue the property damage claim through the at-fault driver’s insurance company or you can pursue it through your own insurance company if your own policy covers it.  Where you choose to get your car repaired remains your choice. Both choices have some benefits and some detriments. 

Pursuing the property damage claim through the at-fault driver’s insurance company

This is your only option if your own insurance policy does not cover property damage claims (i.e. you have liability protection only).  The benefit of pursuing it against the at-fault driver’s insurance company is that you do not have to pay a deductible. The primary downside of this route is that it typically takes longer for you to get your car repaired.  The delay is due to the at-fault driver’s insurance company having to fully investigate the claim, which includes interviewing its insured (the at-fault driver). 

Pursuing the property damage claim through your own insurance company

If you have the coverage, then this is usually a much faster route.  Your own insurance company needs only to speak with you and arrange to have the vehicle inspected either by their agent or at the time the car is taken to the shop prior to performing the repairs.  The downside is that your insurance company will pay for the repair minus the deductible that you are obligated to pay.  If and when your insurance company is repaid by the at-fault driver’s insurance company, you will be reimbursed for the deductible you had to pay.  This reimbursed deductible is contingent upon your own insurance company is reimbursed in full for the amount they had to pay for the repairs to your vehicle.

The reason you will need to be involved in the process is twofold:  (1) you have possession and control over the vehicle; and (2) you have the choice on where to have the vehicle repaired. 

What happens if you wait to file a personal injury claim after an accident?

I was severely injured in a serious car accident two years ago, but my life has been so chaotic that I have been unable to think about hiring a lawyer until now. Can I still file a claim in Arizona?

 In Arizona, a person injured in a motor vehicle accident generally has two (2) years from the date of the accident to present and settle a claim with the at-fault driver or their insurance company. If not possible to come to an agreement to settle, then the injured person must file the lawsuit within two years of the date of the accident to continue on with the claim.

There are a few nuances, but generally, this is the law in the state of Arizona. If your accident occurred almost 2 years ago and you’re getting close to the deadline, you should not hesitate any further and you should contact an experienced personal injury trial attorney as soon as possible. Being close to the two years, it is likely that a lawsuit will need to be filed very soon to protect your claim, so look for an attorney who actually filed lawsuits for his clients.

Look for an attorney who is a Certified Specialist in Personal Injury and Wrongful Death. These are the attorneys who are most experienced in filing lawsuits and getting their clients the best possible recoveries.

If by chance you have recently passed the two-year deadline, there is still a possibility you can file and maintain your claim. Again, this is a conversation you need to have with your experienced Phoenix personal injury trial lawyer.

Questions? Zachar Law Firm has been representing personal injury victims and filing lawsuits for personal injury victims for 25 years. The consultation is always free, and there is no obligation at all.

Call us, get educated and then make the best decision for you and your case

What compensation might I be able to get in a lawsuit over my car accident?

When you have been injured in any sort of incident or accident (car accident, slip and fall, medical malpractice or something else), you have the right to claim compensation for your injuries and damages from the at-fault party.

What are “damages“?

Damages include things like medical bills, lost wages, property damage, out-of-pocket expenses for medications and bandages and compensation for your physical, mental and emotional pain.  Further, if the injuries are catastrophic or fatal, then members of your family can also make claims for mental and emotional injuries due to the loss of the family relationship.

Personal injury claims can be very complicated, and it is extremely important for you to find the right, experienced Phoenix personal injury lawyer for your case. Many law firms advertise that they are the best, but in Arizona, there are very few who actually are considered“specialists” in personal injury law.

The State Bar of Arizona certifies the best attorneys in personal injury, and bestows upon them the title of “Certified Specialist in Personal Injury and Wrongful Death “. There are more than 18,000 lawyers in Arizona, yet only 122 are certified specialists in personal injury and wrongful death.

Questions regarding your case? Call Zachar Law Firm today for your free, no-hassle consultation. Speak to one of our lawyers who is a Certified Specialist in Personal Injury and Wrongful Death (we have two).  

Get educated, and then make the best decision for you and your case.

Does a personal injury lawyer have to negotiate with insurance companies? How does this work?

Anyone can negotiate with an insurance company, however, a skilled personal injury attorney understands what an insurance company needs and looks for, what adds value to a case, how to present a claim and what the proper values are for certain claims in Arizona.  Insurance companies will usually try to negotiate a very low “nuisance value” on a case with someone who is not represented by an attorney. The companies are very aware that unrepresented people don’t understand what gives a claim value or simply, the value of an injury, damage, inconvenience, scars, or permanent conditions.  A skilled attorney should know these values.  At Zachar Law Firm, every attorney has more than 20 years’ experience and is very skilled at handling all of these concerns.

Once a personal injury attorney becomes involved in a claim, the insurance company’s approach is usually totally different as it knows the person at the other end of the negotiation is sophisticated at handling a personal injury claim.  Once a client is represented, the attorney notifies the insurance company that a claim is being made.  The communication is restricted at that point and the insurance company no longer is allowed to contact the client – this provides great ease of mind and elimination of a headache of fielding calls from insurance adjusters.   Once a claim is ready to be presented for a settlement, the attorney will prepare a comprehensive demand for settlement.   The negotiation begins.  

If the insurance company fails to offer a reasonable figure for settlement, then the only other option is to file a lawsuit against the at-fault party.    The key when consulting with law firms is to make sure that the firm has more than one litigating attorney!   Many firms do not litigate.  Insurance companies know this also.  If the firm isn’t willing to file a lawsuit with a low offer but instead take that low offer, then the client is not being fairly represented.   At Zachar Law Firm, all of our attorneys litigate.  We file lawsuits and insurance companies know this, which means we usually get the best offer on the table before we decide whether to file a lawsuit.  Go with a law firm that is known to fight rather than simply take the last offer on the table. Zachar Law Firm will go the distance with your claim, if necessary.

If I’m injured on someone else’s property, do I have any rights?

Many people think that if you suffer an injury on somebody else’s property, the property owner is automatically responsible. That is not the case, in fact, not even close.

There are certain things you need to prove in order to hold the property owner responsible for your injuries. Experienced premise liability attorneys know exactly what you need when it comes to slip and fall accidents.

First, you must prove there was a dangerous condition.  Something caused you to fall that makes the other side responsible, right? 

Second, you must prove that the property owner knew about it or in the exercise of reasonable care would/should have known of it. It is not enough to have the danger.  You must prove notice to the property owner.

Lastly, you must prove the owner should have done something about it to prevent you from your injuries.  If they knew/should have known, then the law requires they do something about it.  Fix it, safeguard it or warn against it.  If they failed, then they can be held liable to you.

“Premises liability” cases are not easy cases, but they can be very good cases.  One problem is that most Phoenix personal injury lawyers will not take premises liability cases, because they think they are too difficult. 

That is not the case at Zachar Law Firm.

We have been helping clients for more than 25 years who have suffered injuries on the property of others. We are an experienced personal injury litigation law firm, which means if we believe in your case, we will file the lawsuit to get you the best result possible.

Have any questions regarding your case? Feel free to call us today (602) 494-4800 for a no-hassle, free consultation regarding your personal injury case.

How do insurance companies mislead accident victims? Are adjusters trustworthy?

You have been involved in an injury-causing incident or accident, and now find yourself in a position where you are dealing with the other side’s insurance representative. Can you trust them?

The very short and direct answer is “NO”.  You cannot and should not trust anything they do or say.

The job of the insurance company representative is to save the insurance company money. That means if they can pay you nothing, they will pay you nothing.  If the facts of the case are such that they cannot pay you “nothing”, then they want to pay you as a little as possible.  

How did they accomplish this?

First, they get you talking and get you to say things/admit things that you should not be telling them. They are in the business and they are experts at this, and many people in your shoes have never been involved in a legal claim.  So, what are the things that you should tell the insurance company?  What are the things you should never say to the insurance company?

Do you know?

Most people do not, and saying the wrong things (which they will record) means that they will use your own words against you later, to deny your claim, or pay you as little as possible.

Second, insurance company people like to get you to sign their documents which give them direct access to your medical history and medical records. You should NEVER give an insurance company direct access to your medical information.

How do you best combat the deceit and trickery of insurance company claims people?

Find an experienced Phoenix personal injury law firm.  You want only an experienced litigation law firm because, when the insurance company tries to deny your claim or lowball your claim, you need an attorney on your side who is prepared to do everything that is needed to get you the best result. Often that requires filing a lawsuit (and many personal injury attorneys at law firms in Phoenix do not file lawsuits for their clients).

That is not the case at Zachar Law Firm.  Indeed, not only do we file lawsuits for our clients, but we actually are referred cases from other personal injury attorneys and personal injury law firms to litigate their cases.

At Zachar Law Firm, our expertise is second to none in filing lawsuits and getting personal injury victims the best results.

Do you have questions regarding your case and what you should do next?  Feel free to call us at 602-494.4800 for a no-hassle, free consultation to discuss your personal injury case. Or you may visit us online directly at https://zacharassociates.com. There's no obligation. Protect your rights. 

A message from Zachar Law Firm, P.C.

Dear Zachar Law Firm Client:

We care about you and we are hoping that you are taking the proper precautions to stay healthy in this uncertain time.  Some of you are still treating with doctors and find yourselves in hospitals or treatment facilities.  Make sure those around you appear healthy – and are taking precautions with washing hands before administering care to you.  If you are using any equipment with your therapy, make sure to ask the equipment to be sanitized prior to your use.  If you are signing in at a desk for therapy, use your own pen, sanitize yourself after using any door handles or entry/exits. 

If you have decided (or your medical provider has decided) to pause or stop your treatment, please notify us immediately. If your choice, you should notify your providers or therapists that the reason you may discontinue or postpone your treatment is due to the coronavirus, rather than a full resolution of your symptoms.   We may need to notify the insurance companies that you may be postponing your treatment during this virus outbreak.

Also, notwithstanding who makes the decision, consult with your medical providers about what you can be doing on your own to continue the healing (stretching, exercises, etc…), and while at home, keep a diary of your own therapies, while waiting for the treatment to resume.  When treatment does resume, give your diary to your medical provider to be included in your file, and get a copy to us for our file.

If you have any questions, please contact us (602) 494-4800. Our staff is working (some in office, some from home), but ready to answer any questions or concerns you may have. 

Sincerely,

Your friends and advocates at Zachar Law Firm

What is the difference between a high volume law firm, and a standard personal injury law firm?

“High volume” is fairly consistent with the BIG ADVERTISING law firms.  

When you spend millions of dollars on TV, radio, billboards, buses, bus stops, etc..., you have to bring in a very high volume of clients.  When you bring in a high volume of clients, you have to have a lot of people working for you, so a lot of salaries, rents, and bills.  

The flow of revenue needs to remain constant, and you need to settle A LOT of cases.  So, is follows that customer service to your clients, in fast-paced, assembly-line atmosphere often suffers.  Also, having to get so many settlements done to keep the money flowing, often these firms take the last, best offer made by the at-fault party’s insurance company—not the best-case resolution for you, but the best, quickest deal for them, so the money comes in the door.  

Contrast that from the standard, more professional law firm (like Zachar Law Firm).  

We don’t have any big advertising commitment.  We don’t have any monthly quotas.  We don’t have the huge budget that the big ad law firms have, so we are not “in a hurry” to simply take the last, low offer from the insurance company for the at-fault party.  

At Zachar Law Firm, we have a staff in place to do what is needed in each and every case, including talking to our clients, returning phone calls and helping our clients make the right settlement decisions for their case.  And, if the offers are low, we are prepared for the next step:  A lawsuit to get you the best result for your case (something the big ad firms just do not generally do).  

There are vast differences with what you get at a high volume firm, and the service and results you will get at Zachar Law Firm.  Questions?  

Please feel free to call us at (602) 494-4800 for a free, no-obligation discussion regarding your case and your questions.

How does a personal injury lawyer “build” my case?

Building a personal injury case in Arizona begins at the initial meeting between attorney and client.  This initial “sit-down” should be productive and provide the attorney with not only the facts of what occurred and the injuries suffered, but it should also provide the lawyer with information that will eventually be elicited from the client by opposing counsel.  This information would include a short biographical sketch of the client, such as work history, prior medical history and subsequent medical history not specifically related to the case.  This initial meeting should also provide the client with essential information, including do’s and don’ts for the client as the case proceeds.

Immediately thereafter, the attorney should gather all the relevant evidence, including (1) medical records and bills related to the case; (2) photographs of the scene of the accident, of the client’s injuries and of the vehicles involved; and (3) witness statements and investigating officer statements.  The attorney should also take steps to preserve evidence that may not be available as time passes. 

As the case proceeds, the attorney should talk to important medical providers and send discovery to the at-fault party’s attorney.  Building a good case is entirely centered on collecting evidence that furthers the case through formal and informal discovery processes.  This all begins at the first attorney-client meeting. This is why it's crucial to hire a personal injury lawyer in Glendale, Arizona as it will not only give you peace of mind during a stressful time, but it will allow you to feel confident in knowing that you aren't being taken advantage of by an insurance company.