4 attorney answers
Unfortunately, even though there may be ample evidence of the other party's fault, and he or she was cited for the collision, the adverse insurance company may attempt to allege that there was comparative negligence on your part that caused or contributed to the collision. There may be some evidence of this, or it could be a wholly made up fantasy of the insurance company. This is a strategy insurance company's employ to save money. In order to prevent this strategy from being successful, you should consult with an Arizona attorney who is experienced in handling personal injury claims.
In a personal injury cause of action there are three things that you will need to prove. First you need to prove negligence, then you will need to prove you were injured and then you will need to prove that the injuries you are talking about were proximately caused by the alleged negligence.
The citation and witnesses all go to prove negligence. They do nothing about the other two items you have to prove. So, the answer is yes, even with witnesses and citation and all, the insurance company can still come and say: "Ok, so our insured was careless, but you are lying about your injuries. Here is $200 for you to go away."
You should talk to a personal injury attorney who has done thins sort of things before and who knows how to speak and deal with the insurance adjusters' antics.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
I'm licensed in California. You need to contact a personal injury lawyer who will help you preserve the evidence you need to win your case.
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