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Christopher J Zachar

Christopher Zachar’s Answers

275 total

  • How do we deal with an insurance co that is lowballing and pressuring us to accept an injury settlement?

    Auto accident 11/14. Patient in PT since 02/15. Neck and shoulder pain still remain. Not yet cleared by PCP. Amount of offer not sufficient to cover PT and PCP charges.

    Christopher’s Answer

    Without question, see the assistance of an experienced personal in trial lawyer.

    The fact that you are being “lowballed” by the insurance company means one of 2 things:

    1. They are taking advantage of you because you don’t have a lawyer;
    2. They don’t believe in your case, and you may need to file a lawsuit to get what is fair.

    Either way, you need an experienced trial lawyer. Good luck.

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  • Is it ethical for an attorney to verbally request more than 1/3 of monies when a contract has been signed for 1/3?

    Settlement of auto accident.

    Christopher’s Answer

    If an attorney has done a tremendous amount of work, it is certainly not unethical for him/her to “request” a modification of the fee agreement.
    However, if the response to that question is “no”, then the agreement is binding.
    I hope this helps

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  • 100% at-fault was accepted by other driver's insurance company. What does that mean & could that change during settlement?

    Although, I haven't finished treatment, my medical bills are already at $25,000, will I be able to receive payment for my medical bills and for pain and suffering? What amount should I request if my medical bills are more than $30,000? 2.5 times t...

    Christopher’s Answer

    First, that they have accepted 100% liability is a GOOD thing.

    Assume they don’t change (yes, they can), you can then expect the fight to come on the injury front.

    1. You weren’t injured that bad;
    2. You could not have been injured as bad as you are claiming in this accident;
    3. The medical care you received was excessive;
    4. The bills are excessive.

    These can be complicated areas. Be careful in your negotiations. Say too much, or the wrong thing, and it can really hurt your case?

    Suggestion: At least seek an initial consultation with an experienced injury attorney. It is free, and you will likely get a good education in deciding the best way to proceed

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  • Why is the hospital trying to take a cut out of my settlement?

    The first day I got in a car wreck, I went to a hospital's E.R which was covered 100% by my health insurance yet now they are trying to get the other driver's car insurance so they can get more money apparently which is ridiculous because my healt...

    Christopher’s Answer

    Unfortunately, in Arizona, the law allows medical providers to do this. However, in order to have a right to balance bill, they have to follow a very specific protocol. If they fail to follow the protocol, then they have no such right.

    If you have an attorney, your attorney should be able to explain this all to you.

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  • I have consulted with an personal injury attorney regarding my accident and injuries, what now?

    Am I supposed to obtain my medical records or is that something she's suppose to request since I signed medical release form? I have received the forms from my insurance company requesting an actual written report of my accident, do I have to prov...

    Christopher’s Answer

    What you SHOULD expect is that your attorney will explain all of this to you.

    That is our responsibility to you--not only to handle ALL matters for you, but also, to explain and educate you to understand things better.

    As your attorney has seemingly failed to do this, you have 2 choices:

    1. Talk to your attorney and clarify your responsibilities and his/her responsibilities;
    2. Find a new attorney who better understands his/her role and explain to you.

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  • Can an injured person file lawsuit about vehicle airbag deploying prematurely? This happened at a very low speed, under 10 mph.

    Auto accident that entailed stopping at a red light, where both drivers made mistakes which caused the authorities to render a no fault incident. In this incident my steering wheel airbag deployed prematurely and caused burn injuries to both of my...

    Christopher’s Answer

    Not sure I understand exactly what occurred here, but if the airbag malfunctioned and caused injuries, then you have the right to assert a claim.

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  • Can a liability insurance company refuse to pay for damages, when the incident was rendered no fault by authorities?

    Auto accident that entailed injuries and vehicle damages. The insurance company declared my vehicle a total loss and offered to give me half the actual cash value of it. But I have a lien on my car and they refuse the offer. I retrieved 2 estimate...

    Christopher’s Answer

    Here is the law in Arizona:

    Regardless of what the police do at the scene, if the other driver was at fault, and the other drivers insurance company is responsible for all of your damages.

    If the other drivers insurance company refuses to accept responsibility and pay, you should seek a consultation with an experienced personal injury lawyer.

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  • How does AZ statute 33-931 work with Underinsured settlements?

    I have a settlement from the other driver's insurance (100% at fault) for her max coverage of $15k. We are about to agree to an offer from my Underinsured coverage for $75k. My attny says we have to settle liens out of this money and referenced th...

    Christopher’s Answer

    Generally, the above is true. UM and UIM recoveries are not subject to liens, except the following:

    1. Governmental liens (Medicare, Tricare, AHCCCS, etc…);
    2. Health insurance rights to reimbursement (so long as the policy language says so);

    If your attorney thinks the UM and UIM are needed to resolve health provider liens, be very careful.

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  • Who would the driver or owner be liable for damages in a traffic accident?

    If you were rear ended in an auto accident and the other vehicle was not insured, who would be liable for damages? Would the owner of the vehicle or the driver who was sited for no proof of insurance and failiure to stop. Would the driver be able...

    Christopher’s Answer

    The driver would be primarily liable; the owner of the vehicle could be for a “negligent entrustment”.

    If a person causes an accident and has no insurance, their license is subject to suspension regardless if they pay the fine. This would be incumbent on the injured party to pursue this course of action with the court.

    It is possible for both the driver and the vehicle owner to be liable.

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  • I was riding the Express city bus when it was rear ended by another vehicle. How can I make sure my medical expenses are paid.

    The bus was a stop at a light on 6/23/.15 approx. 7:30am on my way to work, when a vehicle slammed into the back of the bus. I was sitting in the back row in the middle and flew forward. I ended up with a headache all day and in the evening I star...

    Christopher’s Answer

    Based upon the information provided, there will be a police report. The police report will provide all information regarding the at fault driver, including insurance information.

    Once you have the insurance information, you can contact the at fault driver’s insurance company and open your claim.

    Word of Caution: Be careful. These claims can be difficult and tricky in dealing with insurance companies.

    Word of Advice: Consult with an experienced personal injury lawyer regarding your case.

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