I was involved in a 3 car accident on 03/01/12. I was only aware that 1 vehicles was sighted can I still file claim on second?

Asked over 2 years ago - Tempe, AZ

I was at a red light waiting for it to turn. I heard what sounded like the crakling of thunder, I looked at my rear view mirror and saw white light like an explosion, then the truck in the middle crashed into me. I was able to drive to the bus stop across the intersection. The first car was sighted for going too fast, and I filed a claim against them, but still have not a filed anything against the second because I thought they weren't at fault but was justed supeonaed to appear in court apparently, car 2 was sighted for criminal DUI they plead guilty, and I was not needed as a witness. Can I still file a claim on them for injury? Also I just recieved a letter from car 1's insurance who want to settle claim with a $500 payment for injury. Mean while I am still having neck and head pain.

Attorney answers (5)

  1. 5

    Lawyers agree

    Answered . You need an attorney. With the multiple allegations flying about, you need an experienced attorney to help you.

    So long as the accident occurred within the last 2 years, you can make a claim against any responsible party

    I would not accept anything from any insurance company at this point.

  2. 4

    Lawyers agree

    Answered . To answer your question directly, you can file a "claim" with the insurance company for both drivers. Should negotiations fail, you would file suit against both drivers. The DUI driver's insurance carrier will likely evaluate the claim higher from a monetary standpoint because of the DUI issue and the punitive damages associated with such a claim. While the insurance company will say they do not owe for punitive damages relating to the DUI in accord with the policy it is still certainly taken into consideration.
    In as far as the offer from the other drivers insurance company (the 500.00 offer). That sounds like a nuisance offer. or an offer based on very little medical information/treatment. If you are having neck and head pain you should get the treatment you need. However, be aware, if there is a gap in time between the accident and treatment or a gap in treatment the insurance company will want to argue about that treatment. You really should talk to an attorney about these issues. Myself and many attorneys provide free consultations. Feel free to call if you need more information 480-208-1835. Good luck

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more
  3. 5

    Lawyers agree

    Answered . You should retain an attorney in AZ immediately to file claims against all culpable parties!!

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. 4

    Lawyers agree

    Answered . Talk to a local personal injury attorney ASAP. They will go after any responsible party. Also, do not give any recorded statements or sign any authorizations before meeting with an attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. 2

    Lawyers agree

    Answered . Given the facts you have provided, you have multiple issues present. The method and approach in which you handle each and every issue will have an impact on your ultimate result.

    1. Whether a driver was cited for an alleged citation will not come in as evidence at trial. It will still be your burden to prove that each driver failed to act as a reasonable and prudent driver at the time of the collision.
    2. If you believe driver #2 contributed to your collision, punitive damages are available in AZ when the defendant driver was found to be under the influence. Punitive damages are meant to punish the defendant monetarily, and will increase the value of your claim against that defendant.
    3. Do not accept the $500 offered, especially if you are still experiencing neck and head symptoms. This is a typical tactic of the insurance industry, to settle fast and cheap before the real damages are exposed.
    4. Consult with an attorney to discuss more fully all the issues involved in your claim so you can become educated on your legal options available, make a better decision, and most importantly maximize your recovery.

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