Car Accident 101: The right legal counsel, precautions are essential
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While the occasional fender bender may be unavoidable — being prepared for a car accident is something all Phoenix motorists ought to keep front of mind while traveling along local roads of the Valley of the Sun.
But what happens if you have an accident with someone who does not have the proper insurance?
Jose Leon, founder of Leon Law, which is based in central Phoenix, is an advocate for those who need help in times of confusion, especially when it comes to dealing with car accidents in all its forms.
“Technically, a personal injury claim is against the person that causes the accident,” he said. “But, in our system we have created opportunities for us to be able to pay for our actions that cause financial and personal injury. So, even though we may be able to sue a person for the damage they cause us, it doesn’t mean that we can actually collect from them. They may never have the money ready or earning potential to pay us back.”
Mr. Leon explains there are precautions to take to obtain adequate coverage if and when a car accident occurs and one party is not properly insured.
“So, if we plan on navigating the world, we should attempt to secure insurance that can protect us in the instance that someone else causes us harm and they don’t have insurance to pay us for what they’ve done,” he said. “It may not seem fair, but we cannot expect others to have the financial capacity to pay for our case value regardless of how small or large it may be.”
Mr. Leon has called the Phoenix metropolitan area home since 1998, after growing up in Nogales, Ariz. He was born in Sinaloa, Mexico, and came to the United States when he was 6 years old. For more than a decade, Leon Law and its dedicated staff have taken on the mantra of education first — no matter the case, client or circumstance.
So, how about when a client is partially at-fault for the accident?
“Short answer is that we can still recover for part of our case value in a situation where we may have contributed to the way in which an accident and ultimate injury occurred,” he pointed out. “In Arizona, we have a comparative fault system that fair and balanced in how a payout is made. So, for example if we are 50% at-fault for the accident we may still recover 50% of our case value.”
Although there are no guarantees in accident injury law, Mr. Leon says with the proper legal counsel insurance companies won’t be able to deny money that is owed no matter the degree of fault.
“This may require additional effort since insurance companies can take the opportunity to deny your claim even though you may have a reasonable argument to say that the other person was also at-fault for the collision and harm,” he said. “An experienced attorney will be able to navigate the claim and if unable to resolve with informal negotiations, file a lawsuit and litigate the case to secure a fair settlement.”
You can contact Mr. Leon at 480-269-1083 or through email at info@leonlawpllc.com to receive more information or schedule an appointment for a consultation.
