eric-shapiro

Uber and Lyft Drivers Beware: There Is a Hole in Your Insurance Coverage

Fri, 10 Sep 2021 17:14:53 GMT

Drivers who are performing rideshare services for companies like Lyft and Uber (including food deliveries through Uber Eats and DoorDash) are at risk of a lapse in certain coverages any time that they are logged in to the rideshare companies’ applications.

Category 1 - drivers that have initiated the application but have not yet connected with a passenger. The law requires that rideshare companies provide liability coverage in the amount of:

$25,000 per person/$50,000 per collision, and
$20,000 in property damage.

THESE COVERAGES DO NOT PROTECT THE DRIVER OF THE VEHICLE. They only protect damages caused by the driver (to other motorists). Under Category 1, the rideshare company does not provide the driver or any passengers with uninsured motorist coverage or underinsured motorist coverage (“UM/UIM”). So if a driver has the app on, but has not yet been matched with a passenger, the driver is not afforded any protection if the driver is involved in a collision with an uninsured motorist. This is important, since estimates indicate that approximately 30% of the vehicles in Arizona are uninsured.

A rideshare driver might respond by saying, “So what, I have UM/UIM coverage through my own personal automobile insurance policy.” A driver’s own UM/UIM policy provides a false sense of security. Most personal automobile insurance policies now include language that specifically excludes any coverage to a driver once the driver has “logged in” to an app. This means that a driver does not have his/her own policy to fall back upon to fill the gap.

Thus, the “hole” in your policy is the fact that a rideshare driver does not have uninsured motorist or underinsured motorist coverage while driving with the app on until the driver has “connected” with a passenger.

That takes us to Category 2 - drivers that have initiated the application and have “connected” with a passenger. Again, there is a hole in the driver’s coverage. Arizona law requires that rideshare companies provide the following coverages once a connection has been made:

$250,000 in liability coverage (for injuries and damages caused to someone else), and
$250,000 in uninsured motorist coverage (UM).

Category 2 drivers do get the added benefit of UM coverage, but the coverage does not provide underinsured motorist coverage (coverage that applies when a person’s damages exceed the at-fault driver’s policy limits). Just as in Category 1, the driver cannot fall back upon his or her own personal automobile insurance policy for coverage.

How to resolve this problem: If you are performing any kind of rideshare services, be sure to inform your personal automobile insurance carrier and ask for additional coverage applicable to your rideshare duties. The carrier will provide you with a rider or addendum to your policy that will provide you with these additional coverages and plug the hole that presently exists in your rideshare coverage.

“Like a Good Neighbor, State Farm Is There” ... to Ensure that You are Going to Be Involved in a Lawsuit

Mon, 02 Aug 2021 17:47:05 GMT

If you are pursuing a claim with State Farm, do yourself a favor: Retain an experienced personal injury law firm, like Shapiro Injury Law (Formerly know as Shapiro Law Group), to ensure an end to these types of games and to obtain a fair settlement amount on your injury claim.

Shapiro Injury Law (Formerly know as Shapiro Law Group) has represented injured individuals since 1999. Over the course of the past two decades, I have seen first-hand how different insurance carriers handle injury cases. Some insurance carriers do a very good job of protecting the interests of their insureds. Others couldn’t care less, so I’m not usually surprised when I see a tenuous position asserted by an insurance carrier’s representative.

Every now and then, you see a shift in the way that a specific insurance carrier is handling injury claims. In the past year, I have witnessed State Farm make a seismic shift in its claims-handling procedures, and it impacts first-party claims (i.e., claims being asserted by an insured against his/her own insurance policy, such as uninsured and underinsured motorist claims) and third-party claims (i.e., claims pursued by an injured person against an at-fault driver’s insurance policy). In addition to my own experiences, I have spoken with a number of my peers and confirmed that State Farm has made across-the-board changes in the way that it is evaluating injury claims.

An insurance carrier is contractually obligated to perform a proper investigation into a claim, properly evaluate the claim, and extend a reasonable settlement offer (when appropriate). This applies equally to first- and third-party claims. Returning to State Farm’s claims-handling procedures, the focus of this post is on State Farm’s unreasonable evaluations of injury claims and the subsequent extensions of unreasonable settlement offers.

The law in Arizona is quite clear when it comes to determining the value of an injury claim. An at-fault driver is responsible for compensating an injured party based upon three major areas (setting aside property damage claims for purposes of this conversation):

the cost of reasonable medical care;

any loss in earnings; and

pain and suffering (monetary compensation based upon the types of injuries sustained, how long those injuries impacted an individual’s life, and how an individual’s life was impacted by his/her injuries).

Items #1 and #2 are “black and white” damages. There will be something that is documented pertaining to the cost of the care (itemized bills) and lost income (pay stubs, tax forms, etc.). Item #3 is very subjective in nature and depends heavily upon the individual.

State Farm, like all insurance companies, has contractual duties to properly evaluate injury claims and extend reasonable offers to resolve such claims. In the past year, State Farm has breached this duty to its insureds by changing its evaluation process in a way that ignores the current state of the law in Arizona.

Arizona follows the “collateral source rule.” The collateral source rule, for simplification purposes, allows an injured party to present to a jury the full amount of the medical bills incurred, even if a portion of the medical bills have already been paid by some other source (such as an injured party’s health insurance carrier). The reasoning behind this is complex, but it deals with concepts such as “balance billing” liens, out-of-network provider bills, etc. ).

When it comes to claims evaluation, the insurance carrier is obligated to evaluate the claim based upon the same evidence that would be presented to a jury. So, if a jury evaluates a case based upon the full amount of the medical bills incurred, an insurance carrier must do the same.

State Farm has deviated from this course over the past year. State Farm’s claims evaluation procedure now disregards the full amount of an injured individual’s medical bill and, instead, arbitrarily applies a significant lesser value to the bill, which in turn reduces the overall value of the claim and the amount that State Farm extends as a settlement offer.

In the case of State Farm’s claims-handling procedures, State Farm instructs its adjusters to reduce the bills to an amount similar in value to the amount that Medicare pays for such services. This procedure “allows” State Farm adjusters to take a $10,000 emergency room bill and reduce it to $800 (the amount Medicare would pay on the bill) as part of its claims-handling procedure. In a practical sense, it reduces the evaluation of the claim by $9,200 (which in turn reduces the amount that State Farm will offer to the injured individual to settle the claim).

Here is the kicker, though: State Farm is not reserving this reduction to injured individuals that have Medicare insurance. It applies this reduction TO EVERYONE’S CLAIMS. Thus, if an injured individual did not have any health insurance coverage, State Farm would still apply this reduction to the injured individual’s claim ... even though the full $10,000 is owed by the injured party.

This type of claims handling is substandard and disregards the current state of the law in Arizona. Here are some examples of the offers that I have received from State Farm during the past year:

Client had $27,000 in medical bills. State Farm’s offer was $22,000. The offer was $5,000 less than my client’s medical bills.
Client had $13,200 in medical bills. State Farm’s offer was $7,942. The offer was $5,258 less than my client’s medical bills.
Client had $24,400 in medical bills. State Farm’s offer was $11,440. The offer was $12,960 less than my client’s medical bills.
Client had $15,600 in medical bills. State Farm’s offer was $9,598. The offer was $6,002 less than my client’s medical bills.
Client had $29,925.52 in medical bills. State Farm’s offer was $15,143. The offer was $14,782.52 less than my client’s medical bills.

Some of these claims were first-party (uninsured motorist) claims, and others were third-party claims (claims against State Farm’s insured, who was at fault for the crash). State Farm treated all of these claims the same way, with the same substandard level of claims evaluation. Had State Farm extended fair offers, each of these cases would have been settled without the need to file suit against its insureds. Instead, we were forced to file suit on each of these cases, with State Farm ultimately extending significantly higher offers during the course of litigation.

Returning to the first line in this post, if you are insured through State Farm, be very wary and accept the fact that, if you are at-fault for a motor vehicle collision and injure someone, you are going to get sued, because State Farm is not going to make a fair settlement offer. If you are insured through State Farm and someone else is at fault for the crash, but the at-fault motorist was uninsured or underinsured, and you have to pursue an uninsured or underinsured motorist claim, you are going to have to sue State Farm to seek fair compensation, because State Farm is going to offer you significantly less than the amount of your medical bills to resolve your claim.

State Farm’s claims-handling process is truly an embarrassment. You are anything but “in good hands” with State Farm. If you are pursuing a claim with State Farm, do yourself a favor: Retain an experienced personal injury law firm, like Shapiro Injury Law (Formerly know as Shapiro Law Group) , to ensure an end to these types of games and to obtain a fair settlement amount on your injury claim.

Steps to Follow Immediately After a Motor Vehicle Collision

Thu, 06 May 2021 17:28:07 GMT

This guide is meant to help you understand the important steps involved after you are in a car accident. Forgetting even one of these steps could make the process of dealing with the aftermath slightly harder.

Stop your car immediately, no matter how minor the collision. Arizona law requires that a driver of a vehicle involved in a collision (no matter how minimal) must stop his or her vehicle and exchange information with the other driver and the owner of any property that may have been damaged. If at all possible, do not move your vehicle.

Assist any injured persons. If someone is seriously injured or unconscious, call an ambulance immediately. Try to make the other person comfortable, but do not move them unless you know exactly what you are doing and are trained in medical care.

Protect the scene. If it is safe to do so, it is best not to move your vehicle until law enforcement has arrived. If your car poses a safety threat to other traffic and it can be moved safely, then use your common sense on deciding whether to move off the roadway.

Always, always, always call the police and insist upon a report!

Identify the other drivers. Be certain that you get the other drivers’ addresses, telephone numbers and insurance information. Also write down the license plate number and a brief description of passengers who may have been with that person.

Identify witnesses. As soon as is possible, get the names, addresses, and telephone numbers from all the witnesses who are present. Although they should remain on scene until the police arrive, most people will leave shortly after ascertaining that medical care is on its way. These witnesses may be critical to your case, so get this information as quickly as possible. Normally, asking for a simple business card will suffice.

Gather other information. As soon as is reasonably possible (usually after you get home) write down a description of how the collision occurred, including the time, place, weather and road conditions, and a detailed explanation of how you were driving. Draw a diagram of the road or roadways and the positions of the vehicles before, and after the impact. Do not give this information to anybody other than your attorney. Make sure that you hold on to the collision information exchange slip that the officer will have given you at the collision scene. This contains the information regarding the other driver and a police report number.

Do not make any statements. Arizona law only requires you to exchange addresses, driver’s license numbers, vehicle registrations, and copies of your insurance cards with the other driver. Other than this, never make any statements or comments (these will be used against you later). NEVER APOLOGIZE OR ADMIT THAT THE COLLISION WAS IN ANY WAY YOUR FAULT. NEVER SAY, “I DID NOT SEE YOU.” NEVER SPECULATE ABOUT ANYTHING THAT YOU ARE NOT SURE OF. For example, your estimate of speed at the time of the collision will usually be wrong. Be careful what you say, because it may come back to haunt you later (both in a civil lawsuit and potentially with criminal liability).

Listen carefully. Listen to everything that the other driver or witnesses say. What the other driver says can be used against them to help you with your claim. If they apologize, or say that they did not see you, write it down immediately. Simple apologies are almost always viewed as an admission of fault.

Go to the emergency room or your family doctor immediately. Even though you may think that you are not hurt, only sore, you may actually have sustained a serious injury. Due to the stress and adrenaline rush, which often accompanies collisions, the brain often masks the extent of the real injuries. You may have internal injuries that you are not aware of, and a proper diagnosis by a doctor could help identify a more serious problem. Also, let the doctor know of any old injuries, which are now aggravated due to the collision.

Do not call your own insurance company until you have consulted with an attorney.

Never give a recorded statement to the other driver’s insurance adjustor! The insurance adjustor for the other driver will attempt to call you within 24-48 hours after the collision. He or she will attempt to get a recorded statement to use it against you later on. They will also try to offer you some type of minimal settlement to dispose of the case immediately.

Simply tell them that you are represented by Eric Shapiro , and that your attorney will call them later.

Take photos of the collision scene. Once you are on your feet, or if a family member is available, go back to the collision scene and take photographs. Be sure to include any landmarks, such as signs or buildings that will be easy to describe in each photograph. Try to include photographs of skid marks, damage to grass, trees or shrubbery, and look for any small car parts that may be on the ground. Take photographs from far away and up close. Take more pictures than you think you will need. Time will eventually alter the collision scene, so this is very important. If you have retained Eric Shapiro, we will send out our collision investigator to photograph the scene for you.

Take photographs of damage to the vehicle. Again, do not be afraid to take more pictures than you believe are necessary. Take photographs from every possible angle, both close up and far away, of your vehicle and the damage sustained. If any parts came off your vehicle, also photograph those. If necessary, a representative from our office will be happy to go to the impound yard in order to do this.

Take photographs of your injuries. Again, do not be afraid to take too many pictures. Take photographs of all cuts, bruises, casts, bandages, abrasions or seat belt marks. If you are hospitalized, or cannot move around easily, have a friend or family member photograph you in your room, showing various angles of equipment that you may be hooked up to you (i.e., I/Vs, heart monitors, traction, etc.). Eric Shapiro will be more than happy to (and prefer to) have one of our representatives come out and meet with you in order to photograph your injuries. Make sure to photograph these injuries every few days in order to document bruising and swelling. Many times a bruise will not fully develop until several days after the injury.

Tips for Initial Communication with an Insurance Adjuster

Mon, 08 Feb 2021 21:33:01 GMT

Be careful what you say when an insurance adjuster contacts you shortly after an accident. The initial communication may set the tone for the settlement negotiations and even determine your settlement.

Ideally, this first talk should be a fact-finding one with the real negotiations to come later. Below are some practical tips on how to talk with the adjuster for the first time after an accident.

Be Calm and Respectful. Emotions run high after an accident. You might find yourself being rude and disrespectful to the adjuster if you aren’t careful. Don’t forget that:

The adjuster is not responsible for your woes — they are just doing their job.
Your emotions might make you say things that could hurt your case.
You might need the adjuster’s goodwill to believe and expedite your claim.
Always speak calmly and respectfully to the adjuster.

Identify the Speaker. Identify the speaker immediately during the call. Confirm that you are speaking with an insurance adjuster with the authority to handle your case. Specifically, you should get the speaker’s:

Name
Address
Phone number
Employer’s (insurance company’s) name

You should also get the name of the person or organization that the insurance company is representing. Otherwise, you might unwittingly divulge damaging information to irrelevant parties.

Give Limited Information . Don’t divulge too much information even after you have confirmed the adjuster’s identity. Information you can give includes:

Your name
Your telephone number
Your address
Your employment or work status

On the other hand, you should not discuss:

Your daily schedule
Your income
Details of your injuries
Details of the accident
Identification and contact information of witnesses

You can give general information about these issues. For example, you can give the location and time of the accident. However, don’t go into details, for example, by suggesting the cause of the crash.

First, it’s likely that you won’t have all the information when the adjuster first calls. Secondly, the information you do have might be erroneous. Lastly, the adjuster doesn’t need all these details during the first contact. You might hurt your case and reduce your chances of settlement if you talk too much.

Take Notes. Preserve every communication with the insurance adjuster from the first contact to the settlement agreement. You can use the information to:

Assess the progress of the negotiations with time
Confirm the adjuster’s honesty and credibility
Help your lawyer understand what you have told the adjuster so far

Taking notes of the communication is the best way to preserve relevant information. Do this as soon as the communication is over, or even during the communication if possible. That way, you reduce the risks of forgetting critical information.

Resist Immediate Settlement. The adjuster might push you to accept a settlement offer as soon as possible. Resist such offers, since you probably:

Don’t know the true worth of your case at this point
Haven’t gathered all the necessary evidence, such as witness testimonies, to prove your case
Haven’t reached your maximum point of medical recovery

Ideally, you should wait and discuss the case with your lawyer before you consider any offer. Don’t forget that claim settlement is a negotiation process. Hence, the adjuster’s first offer isn’t the maximum they can offer. If the adjuster persists, refer them to your attorney if you already have one.

Don’t Give Recorded Information . Lastly, don’t give any recorded information to the adjuster at this point. Remember, you probably don’t have the whole picture at this first point of contact. You also shouldn’t sign any documents, including waivers or statement forms.

You can handle an injury case without a lawyer, but having an experienced lawyer can make a world of difference in the settlement process. With over 20 years of experience in the legal industry, Shapiro Injury Law (Formerly know as Shapiro Law Group) has what it takes to strengthen your case. Contact us for a free initial consultation to determine the best course of action for your case.

Tips for the Best Medical Care After an Auto Accident

Mon, 08 Feb 2021 17:42:29 GMT

You should get the best medical care after an auto accident. For one, your medical care’s quality may determine your recovery’s speed. Secondly, your medical care can also affect your auto accident claim. Below are a few tips to help you get the best care possible.

Get Prompt Medical Care. Get medical care as soon as possible — even if you feel you only have minor injuries. Delayed diagnosis will lead to delayed treatment and possible medical complications. Some injuries don’t show up immediately after an accident. The adrenaline rush after the crash can also mask your pain. The only way to get a reliable diagnosis is to consult a healthcare provider.

Consult the Right Professionals. Get emergency medical care from the nearest provider. In some cases, especially if you have serious injuries, you might even be unable to choose your provider. That is all right as long as you get the care you need as soon as possible.

However, ensure you see the right professionals after your emergency care. These tips should help:

You should consult a medical doctor since science-based medicine holds more weight with insurance companies and even courts.
Look beyond your primary care doctor. Primary care doctors rarely have the expertise to handle traumatic injuries.
If you need alternative medical care, get a referral from your doctor to prove the treatment’s necessity.

In many cases, you will need multiple forms of treatment to recover. You may need to see different specialists, alternative treatment providers, and physiotherapists.

Mind Your Mental Health. Auto accidents don’t just cause physical injuries — they also cause mental or emotional injuries. For example, you should suspect mental injuries if:

You have trouble sleeping
You don’t enjoy social engagements as much as you did before the accident
You experience wild mood swings
You experience nightmares
You develop an unhealthy fear of automobiles

Consult a mental health professional for your mental health. Don’t forget to include the mental treatment bills as part of your medical damages.

Follow Doctors’ Orders. Medical treatments often come with restrictions to aid recovery. Follow your doctor’s advice to the letter if you want to recover fast. For example, the doctor may advise you to:

Avoid certain foods
Avoid alcohol
Limit strenuous activities
Enjoy certain hours of rest

Also, you should continue with the treatment for as long as the doctor advises. Don’t stop going for checkups or taking your drugs once you start feeling better.

Apart from helping with your recovery, observing these restrictions is also good for your claim. For example, they can help you prove the mitigation of damages as far as your medical damages are concerned.

Be Honest With Medical Providers. You should be honest with your doctor throughout your treatment. For one, honesty will help the doctor make a timely and accurate diagnosis. That way, the doctor will offer you the right treatment and help you recover fast. Secondly, honesty can help your doctor link your injury to the crash.

Specifically, you shouldn’t:

Exaggerate or downplay your injuries
Hide preexisting injuries
Hide some aspects of the accident, even if they cast you in a bad light

Don’t forget that the insurance company will also scrutinize your medical bills. Your claim might run into a brick wall if the insurance company suspects that you are hiding something.

Hopefully, you will get the medical care you deserve and recover as soon as possible. Don’t forget to settle your case only after you have reached your maximum medical improvement (MMI). Contact Shapiro Injury Law (Formerly know as Shapiro Law Group) for help in processing your auto accident claim. We will review everything and help you pursue the compensation you deserve.

Accidents Caused by Car Software Failure

Mon, 08 Feb 2021 17:25:59 GMT

Car manufacturers are using software to control more and more car functions. While most of the inventions work great, some increase the risk of accidents in certain situations. A basic understanding of these systems can help you pursue damages if you suffer an accident related to software failure.

Car technologies or software systems come in various forms. Here are some common ones that contribute to auto accidents.

Automatic Parking . Some cars come with automatic parking systems that ease the parking process, especially in tight spaces. For some systems, the driver and the parking system work together. For example, the driver may control the braking and acceleration as the system steers the car. Some systems take over the entire parking process.

System failure can lead to an accident in either case. For example, the car might not stop when it needs to, leading to a collision.

Autonomous Driving . Autonomous driving systems that steer, brake, and accelerate are gaining momentum by the day. Most of the systems still require the driver to be in the driver’s seat and initiate manual control if the system fails. Again, a system failure can lead to a crash in various scenarios. An example is if the car tries to navigate a turn at high speed and flips.

Accident Avoidance Systems . Some cars also come with an accident avoidance system designed to prevent or mitigate the severity of auto accidents. For example, some cars have systems that monitor the road and car speed to initiate braking in case a collision is imminent. An accident might occur if the system fails, and the car erroneously stops.

LIABILITY

If you initiate an auto accident claim, you must identify the liable party you want to compensate for your damages. Below are some potentially liable parties in case of a software-failure accident.

Car Manufacturer . You may file a product liability claim against the car manufacturer if you can prove that software failure caused the accident. The legal theory of product liability allows you to pursue damages from a manufacturer, vendor, or designer who sells you a defective product.

Driver . As previously mentioned, most cars still require driver involvement for safety purposes. Thus, a driver’s mistake can lead to an accident, even for the so-called self-driving cars. For example, car manufacturers typically require drivers to control the car in case of a system failure. In such a case, a driver who gets distracted and doesn’t control the car is liable for the damages.

Third Parties . As with other car accidents, don’t restrict the defendants to the car’s driver or manufacturer in case of a software-caused accident. Other third parties, such as road maintenance contractors or the car’s software programmers, might be liable for the crash. That might be the case, for example, if the car manufacturer outsourced the software programming to a third party.

PROOF OF LIABILITY

You must prove the defendant’s liability to win your settlement. You are likely to need these two forms of evidence, in addition to the usual forms of evidence (such as accident photographs) in auto accident cases.

Recall Information. The car manufacturer might issue a recall if the software issue affects several cars and presents a safety issue. Check if a recall exists for your car and its specific issue. If you find a relevant recall, you can use the information to prove the manufacturer’s knowledge of and liability for the issue.

Expert Testimony . The average person may struggle to understand automatic car systems and their failures. Thus, you may need an expert witness to explain to the court how the software operates and how its failure caused the crash. The expert must be conversant with the system that caused your accident.

Taxi-Related Personal Injuries: Frequently Asked Questions

Mon, 08 Feb 2021 17:00:04 GMT

Even taxi services that use experienced drivers and state-of-the-art technology can get involved in accidents, some of which may result in personal injuries. If you have suffered a painful injury that prevents you from earning a living or enjoying life, you may have the right to file a personal injury lawsuit against the responsible parties.

Since any kind of automotive personal injury case can include numerous complexities, you’ll need to understand how these cases work, from the assembly of relevant facts to the assignment of liability. Have a look at the answers to these frequently asked questions on taxi-related personal injuries.

1. What Kinds of Personal Injuries Can a Taxi Incident Cause?

A collision or other incident involving a taxicab can wreak havoc on the taxi’s occupants. If your cab slams on the brakes or collides with a solid object while you sit in the passenger seat, you can sustain such common auto accident injuries as whiplash, lacerations, fractured ribs, and impact damage to your arms or legs.

Face, neck, and head injuries commonly occur in pedestrians hit by vehicles, mainly due to direct impact with the vehicle’s hood or windshield. If a taxicab hits you, you may sustain a concussion, brain damage, multiple cuts, injured vertebrae, a broken jaw, or a dislocated shoulder among other serious injuries.

2. How Do Taxi-Related Personal Injuries Happen?

Taxi drivers may speed, weave through traffic, change lanes without signaling, or make sudden U-turns that trigger accidents. Drivers may also get distracted when using GPS devices or talking to dispatchers. In some cases, a poorly maintained taxicab may experience mechanical issues that cause or contribute to a personal injury accident.

Some taxi-related personal injuries have little or nothing to do with the taxi or its driver. For instance, a pedestrian who runs into the street or another vehicle that runs a red light may force the taxi driver to screech to a halt, injuring passengers.

3. How Do You Build Your Case as the Injured Party?

You should try to collect as much information as possible at the scene of the incident. Obtain insurance information from other parties involved, gather statements and contact information from witnesses, and take a photo or record video of the damage. Don’t forget to give a detailed account to the police.

Your attorney may combine this data with other evidence to determine whether you have a strong personal injury case. Additional evidence may include medical treatment records, medical expense documents, prescriptions for medication or therapy, and permanent disability ratings from qualified medical experts.

4. Who Do You Bring Your Personal Injury Lawsuit Against?

Don’t assume that you should target the taxi driver as the recipient of your lawsuit. Depending on the circumstances of your taxi-related personal injury, you may need to sue the driver of the taxicab, the taxi company associated with that driver and vehicle, a third-party driver, or some other individual or entity involved in the incident.

The issue of whether to sue the driver or the taxi company hinges on which party has insured the vehicle and the employment relationship between the driver and the company. It may also depend on whether you rode as a passenger in the taxi or actually got hit by the taxi, either while driving your own car or as a pedestrian.

If your cab got hit while you rode as a passenger, with the driver of the other vehicle at fault, you may find that the other driver lacks sufficient insurance coverage to compensate for your injury, so a lawsuit may be your best option.

5. How Do Arizona Courts View Personal Injury Liability?

Arizona assigns liability according to the principle of comparative negligence. In other words, if you hold 20 percent of the fault for the incident, then you cannot collect more than 80 percent of your requested compensation from the other parties, which may divide that remaining responsibility according to their relative fault.

Shapiro Injury Law (Formerly know as Shapiro Law Group) can provide you with the legal expertise you need for your taxi-related personal injury case. Contact our office today.

What Should You Do After a Car Accident?

Mon, 08 Feb 2021 16:50:20 GMT

This guide is meant to help you understand the important steps involved after you are in a car accident. Forgetting even one of these steps could make the process of dealing with the aftermath slightly harder.

Car accidents can be incredibly scary, especially if injuries and property damage are involved. Accidents can also be confusing. In the heat of the moment, you might forget everything you have been told over the years about what to do when you are involved in an accident.

Call the Police. No matter how severe the accident, calling the police to receive a report of the incident is helpful. It can establish who is at fault for the accident. This will be handy if you need to go to court later, as the document will have details about the case immediately after it happened.

Exchange Insurance Information. One of the first things you need to do is obtain information about the other drivers and cars involved. Most insurance companies offer a card with all the necessary information, but you also need to get the car’s license plate number and the other driver’s name and phone number.

Receive Necessary Medical Care. One of the biggest mistakes car accident victims make is refusing medical care. They often don’t realize that they have injuries because of the body’s adrenaline keeping it going. Look for some of the more subtle signs of injury, including dizziness, numbness, and nausea. Your injury may not be obvious at first, but it could present worse symptoms later.

You need to recover from any injuries, not allow them to worsen. Be honest with the medical professionals about your injuries and how you feel. Waiting too long to see a doctor could make it difficult to prove that the injuries you received were caused by the car accident.

You also need evidence that medical care can provide for you. Bills and records can provide support for your claims if you ever need to go to court about the accident.

Be Aware of Potential Evidence. At the scene of the accident, you need to gather a variety of evidence. PHOTOGRAPHS OF ALL VEHICLE INVOLVED, signage, road quality, and injuries are essential. They can shed light on how the accident occurred for insurance and court purposes.

Additionally, take photos of injuries and wounds as they worsen or improve. This will help back up the necessity of your medical bills and demonstrate that the medical care you received was necessary.

Witness statements are also helpful tools after a car accident. Credible accounts will help you in court, and so will witnesses with dashcams in their cars. Gather the names and phone numbers of those who witnessed the accident. Remember that every claim you make about the accident must be substantiated if you go to court.

Call Your Auto Insurance Company. Your next step is to get in touch with your insurance company. When you do this, AVOID GIVING A RECORDED STATEMENT. State the facts of the accident without additional commentary.

Hire a Car Accident Attorney . If there is any dispute about your car accident involving insurance or injuries, you need to hire a lawyer. Personal injury and car accident attorneys understand the burden of proof required when you are facing off against an insurance company in court. Lawyers understand every minuscule detail of the law in cases like these.

Shapiro Injury Law (Formerly know as Shapiro Law Group) can help you handle some of the hard work that comes after being involved in a car accident. Call today to set up a consultation to discuss your case. You may be entitled to compensation.

Insurance Companies (Even Yours) Are NOT on Your Side!

Sun, 20 Jan 2013 17:12:36 GMT

The insurance adjustor's job to reduce the amount of money that the insurance company will pay you.

Immediately after you are injured in a motor vehicle collision, the insurance adjusters, insurance investigators, and insurance defense attorneys begin to work on limiting how much money their insurance company will have to pay you – the victim. Even though you were not at fault in the collision, the other driver’s insurance company may immediately send investigators to take photographs of the collision scene and the damages to both vehicles.

Next, the insurance adjustor (i.e., the individual from the insurance company who will decide how much money, if any, to pay to you) will begin preparing your case. It is their job to reduce the amount of money that their employer (the insurance company) will pay you. They often will immediately contact you in order to get a tape-recorded statement on the phone in order to minimize your reward. They will also offer you a small amount of money within 24-48 hours after a collision and will attempt to get you to sign a release waiving all future legal rights. The reason they do this is that most collision victims do not begin to feel the real pain until 48 hours after a collision.

If you attempt to settle the case yourself to “save some money,” chances are you will obtain a much smaller recovery, even without a lawyer’s fee. Remember, your future and your family’s future may be altered by what you do or say to any insurance company’s employee.

This is the equivalent of a tourist walking into a Las Vegas casino for the first time and attempting to play cards against a professional card shark — you will walk away with less money. The insurance companies are NOT on your side.

In even simple motor vehicle collision cases that do not involve permanent injuries, settlements can range anywhere from five figures up to seven figures-plus. In most cases, the important factors when ascertaining the level of settlement are specifically based on the amount of medical bills, the pain and suffering, life care costs and employment damages.

Medical bills often can run well above $100,000 if there was extended hospitalization with subsequent physical and vocational rehabilitation

Getting these bills paid is often the primary goal of the collision victim’s family. Often when another person is at fault for the injury, their insurance company’s adjustor will attempt to approach you as soon as possible after the injury to offer a settlement. These settlements will include “taking care of all of the medical bills.”

It is very tempting to sign papers and accept the settlement; however, they will not adequately pay for the years of life care that will follow along with vocational training, which will be necessary after the immediate hospital stay. Never accept any type of settlement with an adjustor before speaking with a qualified attorney who handles serious injury cases.

Remember, serious injury cases are different than other types of cases. Simply settling for three or five times the medical bills is not an option with serious injury cases

Many times when individuals are comatose, the medical bills will remain steady and constant, yet the damage to their future lives is increased dramatically with every day they are in a coma.

Make sure you contact Eric Shapiro immediately if you are approached by an insurance adjustor, or if another attorney has suggested that you settle for “three times the medical bills” for a serious injury case.

Your Rights

You are entitled to money to pay for any medical bills incurred as a result of your collision-related injuries.
You are entitled to money to replace lost income from work, or to pay for someone else to complete your household chores if you are unable to do so due to injuries sustained in the motor vehicle collision.
If your vehicle is damaged in a motor vehicle collision, and it requires repair or replacement, you are entitled to a rental car if you are not at fault.
Semi-trucks and other commercial vehicles have a greater duty to be careful on the roadways and are often more responsible for injuries and damages that they cause from improper driving.