${site.data.firmName}${SEMFirmNameAlt}

What happens when my auto insurance won’t pay?

Question: I was in a car accident. A car in front of my overshot a driveway and then backed up to try and get into it. I tried to get out of their way, but they ended up hitting me and then lying and said I hit them. I had a witness, but the insurance companies said it doesn’t matter—they say she changed her story. What can I do?

Answer: Your policy with your auto insurance company is a legal contract. As such, there are things you are required to do—for example pay your premiums on time, etc., and in return the company is required to honor their part of the contract—which is to pay your claims.

Arizona is a comparative fault state, meaning that both you and the person who hit you could be at fault. For example, your insurance company could determine you were 20 percent liable simply because you did not get out of the way fast enough to avoid the other driver hitting you.

Normally, in your situation, your insurance company would work with the other driver’s insurance company through a process called subrogation. In a nutshell, this means that they would pay your bills and then go after the other company for reimbursement.

You don’t say whether the company simply won’t pay any bills or whether they are only paying a portion. In an auto accident case, you are entitled to sue for damage to your vehicle, medical bills, pain and suffering and lost wages.

A statute of limitations applies in Arizona, so be aware that you only have two years from the date of the accident to file any claim. If your insurance company is not cooperating, it might be wise to involve an attorney to speed the process along.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Sedona Office
25 Schnebly Hill Road
Sedona, AZ 86336

Toll Free: 800-598-5017
Phone: 623-208-6490
Sedona Law Office Map

San Diego Office
501 W. Broadway
Suite 807
San Diego, CA 92101

San Diego Law Office Map

Review Us
San Diego: 619-354-1652
Toll Free: 800-598-5017
Phoenix: 623-208-6490
Toll Free: 800-598-5017
San Diego: 619-354-1652