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Victims rights in car accident

Flagstaff, AZ |

I was in a car accident a month ago where I was waiting to turn left and was sitting in the intersection. The light turned red and I proceeded with my turn to get out of the intersection and was hit by a car running the red light. I suffered a broken ankle and nerve damage to my knee. The other guy's insurance company has yet to get back to us about a settlement. They were initially doubting fault because the other driver claimed his light was green and "forgot" to send the full police report with witness statements saying the light was red. We sent the full police report and never heard back. Our health insurance AND car insurance are going after him, but what are my rights as the victim?

Attorney Answers 3


  1. Hello. First of all, I hope you are healing well. Secondly, you have a right 1) not to give a statement to the other person's insurance carrier; 2) to recover for the damage to your vehicle; 3) to obtain a recovery for bodily injury, pain and suffering, wage loss, and future damages (if any); 4) you have the right to hire an attorney on contingency to fight for your case. Also, you have a right to send a complete demand package detailing the damages you will be seeking from them, and since the accident occurred only 1 month ago, you may not want to settle the claim prematurely before knowing what, if any, residual issues there may be. You also have the right to file a lawsuit if you believe the opposing adjuster is not being reasonable. If you would like to have a no obligation, free consultation, most PI attorneys (including us) would be willing to discuss your case with you. I wish you the best.

    A.J. Mitchell
    480-595-6800


  2. Hello. First of all, I hope you are healing well. Secondly, you have a right 1) not to give a statement to the other person's insurance carrier; 2) to recover for the damage to your vehicle; 3) to obtain a recovery for bodily injury, pain and suffering, wage loss, and future damages (if any); 4) you have the right to hire an attorney on contingency to fight for your case. Also, you have a right to send a complete demand package detailing the damages you will be seeking from them, and since the accident occurred only 1 month ago, you may not want to settle the claim prematurely before knowing what, if any, residual issues there may be. You also have the right to file a lawsuit if you believe the opposing adjuster is not being reasonable. If you would like to have a no obligation, free consultation, most PI attorneys (including us) would be willing to discuss your case with you. I wish you the best.

    A.J. Mitchell
    480-595-6800


  3. An ankle fracture and nerve damage to your knee are both very significant injuries. You should not, in any way, be contemplating settlement at this time with the adverse insurance carrier. You will find that an ankle fracture may well take 12 to 18 months to reach a medical end point, at which time, a determination can be made as to whether or not you have sustained a permanent impairment. Likewise, nerve damage to the knee may take quite some time to fully assess. You would be making a serious mistake in attempting to handle this matter on your own without the assistance of competent legal counsel.

    You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any vehicle or other property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing, including your rights as a victim.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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