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Arizona Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Arizona on
Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?

The drunk driver was at fault. My 5 yr. old and I were both injured. I was told the policy was for only 30 thou and we were only going to be compensated "a few grand".

David Alan Wolf
David Alan Wolf answered on Dec 7, 2018

The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Arizona on
Q: What do u do i was hit in cross walk ... driver for me into her car and dropped me off after going to the bank no cops

I was in shock ....gavr me get phone number and a few dollars and left...I'm traumatized and I know she wasn't paying attention she said it her self

Tim Akpinar
Tim Akpinar answered on Oct 19, 2018

If you were injured, you could check with an Arizona attorney what your options are. From the facts given, it doesn’t appear that you got the plate number. Police were not called. If there were any traffic cameras at the crosswalk, an attorney might be able to look into how long their data was... Read more »

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1 Answer | Asked in Car Accidents, Criminal Law and Civil Rights for Arizona on
Q: Can someone return your car then leave with it again without your consent and not being it back.

I gave my car to a friend. He won't pick up his phone for 3 days now. He returned my vehicle then hopped in it and told my kids he was going to the studio. I never told him he could. Can I press charges. He won't bring it back

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam answered on Sep 19, 2018

Yes. There are two types of charges in this area.

One is called the means of transportation. And then a lesser felony is called unlawful use of means of transportation.

A theft of means involves someone permanently trying to deprive you of your property (vehicle). And on a lawful...
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1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: My son was rear ended and not at fault, but he has no insurance. Anything we can do?
Matthew Maerowitz
Matthew Maerowitz answered on Jul 27, 2018

Hopefully your son is okay! The good news is that in Arizona, he can still recover from the at-fault party even if he was not insured. If he was insured but the at fault party was not insured, then you can still recover with the likelihood depending on whether your son has uninsured motorist... Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: I was injured when a brand new tire blew on my car. I had just gotten it installed and it doesn't appear that it went

flat due to something on the road. DO I sue the tire manufacturer or the shop where I had it installed?

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

Save the tire,rim etc. Contact a member of the Arizona Trial Lawyers Assn. These type of cases take a long time.

1 Answer | Asked in Car Accidents for Arizona on
Q: I was in a car accident in 2015, got a settlement in 2017, 2018 my injuries have worsen. I will be having back surgery

soon, am I able to go after guilty party for hospital bills, time off work and continued pain and suffering?

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Unlikely because chances are you signed a release. Do you have an underinsured claim? Why not ask the lawyer who represented you.

1 Answer | Asked in Car Accidents and Personal Injury for Arizona on
Q: My car was hit driver side. No witnesses. My word vs theirs. Ins said 50/50 fault. I got settlement, they did not yet.

My ins said other party will serve me soon to extend the case past the 2 yrs statute of limitations before 1st wk of April 18'. I was told the other party and lawyer not agreeing with settlmnt so far from ins co. My ins said they will provide a defense lawyer if we go to court. My ins covers... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

You settled so you want to discuss those questions with the attorney who represented you.

If you get sued discuss them with the attorney who the insurance gets for you.

Generally, you can't sue as the settlement document said you release the other side, their insurance, from...
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1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Arizona on
Q: My vehicle was hit driver side. No witnesses. My word vs theirs. Ins said 50/50 fault. We both got $1k after fees etc.

Old ins. co. called said they are going to serve me to extend the case past 2 yrs statute of limitations in 1st wk of April 18'. The $1k settlement did not cover all my expenses. I have moved on though. They were taken away in an ambulance but walked to it.

Wondering if I should ALSO... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

You say you settled. You say there are fees. If the fees were for a lawyer, ask the lawyer what to do. If you are sued your insurance company needs to know and be involved. They will have a lawyer represent you.

1 Answer | Asked in Car Accidents for Arizona on
Q: I rearended a car in middle of intersection taking off from a reg-then green light, less than 10 mph, my fault.

Got a failure for speed/prudent ticket, defetion of both are false to my actions, I had control and as a human driver could not possibly stop in time from collision of car in front only being in middle of intersection. Remember I took off from a stop light, I barely got my foot on the gas pedal,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2018

You will have to explain why you assumed no one would stop. You weren't going that slowly because or you didn't leave enough room betweeen you and the car in front, because the offenses would be driving at a speed that would not allow you to stop within the "assured clear distance... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: my office sign hit the car door of my client and scratched his car..he gave me a bill for 450.00 what do i do

His wife said she told him not to park so close to sign and wind blew sign into car. I was so upset, I told him I couldn't charge him (300 dollars) for his tax return and he came back a few days later with an estimate to fix his car of 450.00. He didn't even take into consideration that... Read more »

Peter H. Westby
Peter H. Westby answered on Feb 15, 2018

This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak... Read more »

3 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Arizona on
Q: If a husband won't quit drinking and driving if he has a accident can wife be sued if on same insurance policy
Peter H. Westby
Peter H. Westby answered on Jan 31, 2018

A husband who drinks and drives puts his wife at risk of a lawsuit as well as himself. The existence of an insurance policy does not not lessen the wife's risk. Obtaining a separate insurance policy for the husband will not protect the wife from a lawsuit. Your policy should be reviewed as it... Read more »

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1 Answer | Asked in Car Accidents and Traffic Tickets for Arizona on
Q: I got into my first accident but will attend driving school for it, do I need to attend the court date given?
Peter N. Munsing
Peter N. Munsing answered on Dec 28, 2017

You may. Check with both the court and DA's office, notw who you spoke with, date time, etc.

1 Answer | Asked in Insurance Defense, Car Accidents and Consumer Law for Arizona on
Q: Can an insur. co. close the ticket if their client tells them they will pay out of pock? Even if I didn't agree to term

They admitted fault, tried to make payment but what they offered wasn't enough to fix it. Can their insurance refuse to pay on the basis that their client wants to pay out of pocket. I didn't think that was legal.

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2017

Not illegal but may be a violation of regulations. Big point is that you want to contact a member of the Az Trial Lawyers--they give free consults.

1 Answer | Asked in Car Accidents, Insurance Defense, Personal Injury and Traffic Tickets for Arizona on
Q: Hypothetically, could a person offset responsibility in a negligence case if they could prove they acted reasonably?

Say someone is in a car accident for which the responding officer deems them responsible and cites them.

At their court hearing, they present the printed results of an online poll where half of the (random, anonymous) respondents said they would have behaved the same way as the defendant... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2017

Not at all. First it would be inadmissible second it isn't what the case is about. You have a good argument to make if you couched it in terms of believing it was safe to do what you did. Depends on what --hypothetically--someone has been charged with.If you were hurt you may have a... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Arizona on
Q: who has right of way when there are two lanes turning left onto a freeway on ramp with green arrows

Example: Phoenix az cave creek road and 101 intersection. Who has right of way if a car is turning right onto the on ramp at the same time as the left turners get a green arrow to go onto the on ramp since the 2nd left turn lane becomes the right lane of the on ramp? Almost been hit multiple times... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

A lot depends on who is where at what time. They shouldn't have two streams of traffic headed for the same area without a yields sign. With no sign see if your state has a law as to who yields to whom at an unsigned intersection. Suggest you ask your AAA office if they have a traffic safety... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Arizona on
Q: I got into my first accident and was cited for running a red light. What do I do now?

Today I got an accident when I turned left onto a controlled intersection, as soon as my car crossed into it, the light turned red. As I nearly completed my turn, a car from the rightmost side of the opposing way street hit the side of my car. I even saw the car moving towards my position as I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2017

See if there was an intersection camera.Act fast,request in person. If the light normally would go yellow you have a problem as you entered the intersection on a yellow. However worth a consult with an attorney. If you were hurt, contact a member of the Az Trial Lawyers Assn--they give free... Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: Hello, I live in Arizona. In February, I purchased a new Honda Civic Coupe car that was stolen in August this year.

The car was recovered but it is trashed. My insurance insists on having it repaired but I do not want to do it. The estimate is in progress - the car has lots of scratches, a few dents but it is totally trashed inside - stains, cigarette burns, odor - I am afraid of drug residue and terrible... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Contact a member of the Arizona Trial Lawyers Assn who handles bad faith claims.They give free consultations. Get one. Chances are you are stuck, but you can also make sure you have a copy of the entire policy document and the insurance commissioner regulations. Your state may have a crime victims... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Arizona on
Q: I was backing out of a parking space I was rear ended. They won't take responsibility, and was at fault. I have Proof.

I had backed out to a point my front wheels were at the back of the car next to me. I have a 2011 SUV big enough to be seen at that point. to any on coming cars or trucks. It was a very wide driveway enough where if a car was impatient or just in a hurry, it still had room to go around without a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 6, 2017

Contact a member of the Az Trial Lawyers Assn for your area--they give consults.

Note: no one comes from "nowhere"--they came from a place you weren't watching. However, it sounds like you had position, so you likely have a case.

1 Answer | Asked in Car Accidents for Arizona on
Q: I was in a parking lot acc in Flagstaff Arizona on June 16th 2017

I was parked, door open 1.5 to 2 feet(not fully opened yet). Other party pulling into space next to me hit the door. Damage to my car is door edge/fame/ Other party's damage is to the right front corner of bumper/headlite(no side damage). The other party called in claim to my insurance. My... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 12, 2017

Well, you can make a claim with the other guys insurance.

If you have an agent ask them to intercede for you. Second, not sure if that statute applies to parking lots (as opposed to opening your door on a street). Ask to talk to the claims handler's supervisor.

If your rates go...
Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: Accident liability

This past weekend a friend borrowed a relatives Polaris RZR off road vehicle. The friend got into an accident and caused extensive damage. Unfortunately the relative did not have collision insurance added to his insurance plan. I have a couple questions. First, can the insurance of the friend cover... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

I think you asked this elsewhere. Friend is liable. His homeowners may cover. Unlikely his auto will as you have to read the definitions under "property damage" but it generally tends to exclude off road vehicles --unless while driving your vehicle you hit an off road vehicle.

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