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Education

Nov 08 2019

Victim of a Hit & Run?

Let’s face it, there are numerous scenarios in which you can be hit by a vehicle that is essentially uninsured. I want to address a few such scenarios and explain how to best protect yourself in such situations.

You’re the victim of a Hit & Run. Your vehicle is damaged and you’re hurt. Do you have any options? That depends.

  • If possible, before the other driver flees, photograph the point of impact between your vehicle, as well as the damage done to both vehicles..
  • If possible, photograph the other driver’s vehicle and license plate (this may help police identify the owner of the vehicle that fled)
  • If possible, pay attention to what the other driver looked like (if the fleeing vehicle is later identified, your claim becomes considerably stronger if your description of the driver matches the Driver’s license photo of the vehicle’s registered owner).
  • Immediately call law enforcement/911. You may have applicable coverages on your own auto insurance available if you can prove you were indeed the victim of a Hit & Run
  • If you have Uninsured Motorist (UM) coverage, you can make an injury claim against your own carrier, up to the limits of your UM coverage
  • If you have collision coverage, you can get your vehicle repaired and/or paid of as a total loss (if applicable). However, these payments would be subject to your collision deductible

You’re UM & Collision coverage are equally applicable if the person that hits you stays at the scene, but has no auto insurance. Unfortunately, Arizona has a high number of uninsured drivers, so you owe it to yourself to maintain UM and collision coverage on your vehicles, even if you own your vehicle outright and/or have health insurance.

Not sure what optional coverages, and how much of such coverages, you should have (beyond the State minimums), give us a call and we’d be happy to offer a free consultation regarding our recommendations and provide detailed explanations in support of our recommendations.

Written by Samuel P. Moeller · Categorized: Education

Oct 31 2019

Pedestrian

Pedestrians have the right of way …. Or do they?

We get a lot of calls for pedestrians hit by motor vehicles. Sometimes the pedestrian is walking through a crosswalk, sometimes they’re crossing a street mid-block.

While motor vehicles are supposed to yield to pedestrians, pedestrians are expected to obey the law.

Walk Signals at crosswalks show a solid green person when safe to cross. When it begins to flash, that is a warning not to enter the crosswalk if not already in it.

The City or Municipality calculates how long it will take an average person to clear a crosswalk. That estimate is usually based on the average person covering 4 feet per second at average walking speed.

Therefore, presuming that most pedestrians enter the crosswalk on a solid Walk signal and will cover some distance before the Walk signal begins flashing, the length of time for which the Walk signals flashes is not likely enough time for someone entering while its flashing to complete their crossing. As such, think twice before beginning to cross if the Walk signal is already flashing.

In addition, even those crossing on a solid walk signal are often hit by vehicles traveling the same (or opposite) direction as them but turning onto the street the pedestrian is crossing. This is because, while motorists lookout for other vehicles, they often fail to keep a lookout for pedestrians or bicyclists. Never trust that they see you and will yield to you. Keep a lookout for those turning vehicles. Unless you make eye contact with them and are sure they both see you and are yielding to you, yield to them

Crossing mid-block is always dangerous, especially at night. Illumination is often subpar mid-block. Motorists aren’t expecting you to cross mid-block.

Even when a motorist does see you, they may not have enough time and/or distance to brake so as to avoid hitting you. A vehicle driving 35 mph covers 51 feet per second. At 35 mph, a vehicle would cover close to 51 feet during the driver’s “reaction timer,” which is the time required to process the danger and hit the brake pedal. At 35 mph, it would take an additional 135 feet to come to a complete stop. So a vehicle more than 150 feet away when you step off the curb might well not have enough time to stop before hitting you.

The moral of the story is, always pay attention and exercise caution, even when think its completely clear.

Written by Samuel P. Moeller · Categorized: Education

Oct 18 2019

E-Scooters

By now you’ve probably seen them parked downtown, or while on vacation, waiting to be rented for an hour or two of fun. They seem to be taking the place of bicycles for rent that were popular just a few years ago.
But … are they safe, and even more important, are you protected in the event of an accident? The answers may surprise you.

One needs to only be 18 years old to rent an E-Scooter. The E-Scooter App includes a “waiver” of liability that one agrees to when renting the E-Scooter. Even though the scooter company likely carries liability insurance, the “waiver” pretty much absolves the scooter company of any liability, absent a defect in the scooter itself. Such a defect could be the result of faulty manufacture or maintenance. But how would you prove such a defect. Would you be able to pick out “your” scooter from a group? Absent something so obvious, the Scooter would most likely have been ridden by dozens, if not hundreds, of subsequent renters (thereby altering the condition of the scooter) before you even put the company on notice.

Moreover, Arizona Law does not require that an E-Scooter rider wear a helmet, thereby potentially increasing the risk of serious injury in an accident. What if, while renting a scooter, you cause injury to yourself or someone else? What if, you’re injured by someone riding such a scooter?

Sadly, you may have no coverage. The scooter company’s liability coverage will not likely extend to such situations (remember the waiver?). Someone’s automobile insurance usually does not extend to cover their insured while riding an E-Scooter, which is not considered a “motor vehicle.” In fact, many policies specifically exclude such coverage. Someone’s homeowners or renters insurance will not cover such situations. Your UM (uninsured motorist) will likely exclude coverage for E-Scooters since the law does not require the E-Scooter rider to have liability insurance and an E-Scooter is not necessarily considered a “motor vehicle.”

Some auto insurance carriers do offer umbrella policies that extend to recreational vehicles that could include an E-Scooter. For most of us, our only recourse would be to our health insurance, or to personally pursue a negligent claim against an E-Scooter driver.

The bottom line … think long and hard before you rent an E-Scooter, and be on your guard when around other E-Scooter riders.

Written by Samuel P. Moeller · Categorized: Education

Jun 30 2017

CAR ACCIDENTS INVOLVING UBER AND LYFT IN PHOENIX, ARIZONA

Not everyone can afford a car to get themselves around town. Uber and Lyft have recently been an industry favorite for providing ride-sharing services. These services have been gaining a lot of attention because of its easy accessibility with smart phones. You simply download the app and drop a pin on your location so that the nearest driver can pick you up.

Many people use both of these ride-sharing services in Arizona. Many people prefer these services over their car if they are going to be out drinking. It is an easy and cost convenient option. However, accidents can happen to anyone anywhere and anytime. You might get in an accident while driving for Lyft or Uber. Ever wonder what happens after that?

Driving for either one of these companies is a good way to make money on the side. The hours are flexible and most people look for Uber or Lyft drivers outside of normal working hours, making it a great side hustle. However, being involved in an accident can cause you more harm than good. Your income is disrupted, and you suffer pain and injury. If you or any of your relative suffer in a Arizona car accident lawyer while driving vehicles by Uber and Lyft, then you should know what your rights are. An accident attorney can inform you of all of your rights. If you want to have a fighting chance against insurance companies, hiring accident lawyers is vital.

Hiring an accident attorney immediately after the accident is important. The accident attorney can guide you through legal processes which involve scrutiny of facts. The first thing accident lawyers will inquire about is your auto insurance policy. Mostly policy providers deny coverage if you start working for ride sharing services. While some insurance providers provide coverage but deny claims, some auto insurance companies provide special coverage to ride sharing drivers. Auto insurance claims are different in different cases, and accident lawyers approach each case differently. Some of the cases accident lawyers deal with are mentioned below:

  • Commercial insurance: If the accident happens during the ride than in this case the ride share’s company insurance applies. An accident attorney will only negotiate with the ride share company and their insurance provider to get compensation. Accident injury lawyers will make sure you never have to personally talk to a ride share’s company insurance representatives. Do not make a recorded statement to them without hiring accident injury lawyers.
  • Driver’s insurance: If the mobile app of the driver stays off due to any reason during the time of the accident, then only the personal insurance of the driver can be claimed. There is no way the company can be held liable in such cases. An phoenix car accident attorney will negotiate with your insurance company to get you compensated. Accident lawyers treat this scenario just like a normal negotiation because the same tactics apply.
  • Both personal insurance and company’s contingent liability: if the accident happens when the mobile app of the driver is on. Then, in this case, both the personal insurance of the driver and the contingent liability of the company can be held liable. Accident lawyers have their work cut out for them in these cases because they have to negotiate with multiple parties. Accident lawyers will have to negotiate with both insurance companies to negotiate a fair compensation amount and these scenarios are more likely to lead to a case being filed in court. This is because if accident injury lawyers can not get both sides to agree to a compensation amount, they will go to court to figure out who owes what. An accident attorney will try to avoid this happening at all costs because they work on a contingency plan in most cases.

If you are involved in an accident, carefully scrutinize all the facts related to the case so that you can give them to an accident attorney to claim maximum compensation for your loss.

The compensation entitled in accident injury cases that accident injury lawyers will fight for are:

  • Loss of income
  • Loss of future earning capacity
  • Medical expenses (both present and future)
  • Pain and suffering

Accident injury lawyers are well aware of the important facts that can help you win compensation for your injury. With the help of years of experience in this field and managing some of the most complicated cases, you can be sure that your accident attorney will not leave any stone unturned to get you all the compensation you deserve. If you need accident injury lawyers after getting in an accident driving for a ride share company, give us a call. Accident lawyers are your best chance of getting all the compensation you deserve.

Written by Samuel P. Moeller · Categorized: Education

Jun 29 2017

WHAT TO DO AFTER AN UBER ACCIDENT

Accidents have become very frequent in busy places like Phoenix. And the demand for Uber is also increasing, meaning more Uber drivers are getting into accidents. If ever you are stuck in an Uber accident do the following things:

Make sure all people involved in the accident are safe.

If anyone has minor injuries, treat them with a first aid kit. But in case anybody has major injuries due to the accident, then immediately call an ambulance.

Collect contact details of the people involved in the accident. After that consult an auto accident lawyer or accident injury lawyer in Arizona.

These auto accident lawyers or accident injury lawyers in Arizona can guide you in these scenarios. They are the people who can save you even if you are partially responsible for the accident. Auto accident lawyers and accident injury lawyers in Arizona are specialized in dealing with accident cases. There are many more benefits of hiring auto accident lawyers or accident injury lawyers in Arizona. Some other benefits are:

Free consultation – Most auto accident lawyers and accident injury lawyers in Arizona provide free consultation before you hire them.

Contingency plan – Most auto accident lawyers and accident injury lawyers in Arizona work on a contingency process. They don’t get a penny until your case gets settled.

Compensation for all – Auto accident lawyers and accident injury lawyers in Arizona make sure you receive compensation for all your losses due to the accident such as compensation for lost wages and property damage. They also make sure that you receive compensation for your ongoing treatment of injuries.

No delay – Auto accident lawyers in Arizona and accident injury lawyers completely understand your needs and stress due to the accident. They try their best to finalize the case as soon as possible.

Take away stress – Once you hire a lawyer, they handle all legal proceedings on your behalf like filing paper work and representing you in front of the insurance companies. They also do investigations required for your accident case if needed.

Written by Samuel P. Moeller · Categorized: Education

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