Your Right to Sue After a Car Accident
Posted on behalf of Phillips Law Group on Mar 03, 2010 in Auto Accidents
When auto accidents occur in Arizona, the aftermath gives rise to circumstances that are extremely common. Generally, the insurance companies of those who have insurance get involved by way receiving claims, offering settlements and dealing with the other party's insurance carrier if necessary. The police will also be involved in terms of filing a police report and perhaps investigating the situation should they feel that it's necessary. With all of the different parties involved, many people wonder if they even have a right to sue if the accident was not their fault and they have suffered damages as a result. For a specific answer to this question as it relates to a particular situation, anyone who is not sure should seek the advice of an Arizona auto accident attorney. In general, however, there are a few issues to consider.
Which Party Was at Fault in the Car Accident?
If you have been involved in an accident and you do not feel it was your fault, you should not share that opinion with anyone in the immediate aftermath of the incident, especially the other driver. Instead, explain the facts of the situation to the police officer who reports to the scene to generate a report. In some situations, the other driver will be cited if it's clear that he or she was at fault. In others, a citation may not be issued immediately because the police need to investigate the situation further. Regardless, keep your opinions to yourself and explain the situation to an attorney to find out if the other driver was likely at fault for the accident.
Have You Suffered Damages as a Result of the Car Accident?
One of the requirements for a legal claim to be seen as valid is that the plaintiff must be able to show that he or she has suffered damages as a result of the incident in question. These damages can be tangible in form, including property damage, medical costs, lost income and other financial fallout that lands on the plaintiff as a result of the accident. Other damages can be less tangible in nature, including those that are available for pain and suffering if the plaintiff has been injured.
Overall, if you feel that you were not at fault in a car accident in Arizona, you will generally have a right to sue the other party. However, rather than attempt to handle this situation by yourself, contact the Arizona car accident lawyers at Phillips Law Group today to schedule a free initial consultation.