Car Accident Attorney Phoenix, AZ  Car Accident Attorney Phoenix, AZ

A Car Accident Attorney in Phoenix, AZ at Kamper Estrada, LLP understands that in most scenarios car accidents end up being very serious. You may suffer from lacerations, bruising, and whiplash. Other times, you may have gotten into a minor fender bender that did little to no damage to your car or the other driver’s car. What should you do when this is the case? Should you report the accident to the police or to your insurance company? Should you get the help of a car accident attorney? 

Speaking with a Phoenix, AZ Car Accident Attorney from our law firm can be helpful in these situations because you may not be sure what the best thing to do is after a car accident that does not result in an injury right away. It is important to take note of whether your car was damaged during the fender bender even if it only suffered from minor scratches. Just because it may not seem like there is damage immediately, does not mean you shouldn’t report the accident. 

Should I speak with local law enforcement about the accident?

There are many different factors that can help you determine if you should report the accident to local law enforcement. For example, even if the accident was a fender bender and only caused minor injuries, there are many states that require you to report an accident regardless of the severity of the injuries. In addition, even if someone was not injured in the accident and there is only vehicular damage, you may still need to report it. Depending on your state, you will need to report the accident if the property damage is at or above a certain amount. A Phoenix Car Accident Attorney can give you more information about the laws for Arizona.  

What is the most important thing to do when I am at the accident scene?

The most important thing you can do before contacting anyone else is to gather the information of the other driver and anyone else who was involved in the accident. A Car Accident Attorney in Phoenix recommends obtaining information such as: 

  • Their name
  • The phone number
  • Their insurance information
  • Their driver’s license information

In some cases, the other driver may be uncooperative because they do not want to report the accident to law enforcement or to their insurance company. Especially when this is the case, you should call local law enforcement so that you can get this information from the other driver in a peaceful way. 

Should I report the accident to my insurance company?

Regardless of who your insurance is with, every insurance policy in the United States requires drivers to report an accident—no matter how small the accident is—once it has occurred. If you choose not to report an accident, even as small as a fender bender, you may find that you are suffering from penalties later. It is also best to speak with an insurance agent as soon as possible to report your side of the story. You may have spoken with the other driver and come to a verbal agreement on what happened, but that does not mean anything to an insurance company.

Car Accidents and the Statute of Limitations on Personal Injury Claims

Car accidents can lead to injuries, and often, the extent of those injuries are not fully realized until days or weeks after the initial event. For that reason, many experts suggest that people hold off filing personal injury claims until after they know the extent of the damage and the medical costs associated with treatment and recovery. However, that begs the question of how long you have until suing is no longer possible because, unfortunately, every state places a statute of limitations on such claims, which means once you are involved in an accident, you are on a clock. To learn about the statute of limitations for your case now, call a car accident attorney in Phoenix, AZ. 

Typical Statute of Limitations

Most states allow for up to two years to file a claim, but there are circumstances that may extend or shorten that timeline. However, for a typical personal injury claim, a victim can expect a minimum of one year to file. Therefore, they should contact a car accident attorney in Phoenix, AZ soon after sustaining the initial injury, so that the claim can be submitted as quickly as possible. The timeline does not include the case itself; it spans from the date of the accident to the date the claim is filed.

Extenuating Circumstances

As stated, there are situations where an individual may have more time and not be limited to the standard statute. For example, if the injured party is a minor, then the one to two-year timeline does not begin until they have turned 18, meaning that a 15-year-old victim would actually have five years to file a claim. Also, if the injured party is in a coma or dies due to the injuries, some extra time might be allotted to allow for alternative representation.

Shorter Timelines with Public Entities

While the general statute of limitations is observed in most situations, there are times when that timeline is sped up. For example, when dealing with public entities or governmental services, you might only have three months to file a claim. Therefore, it is vital that you speak to a car accident lawyer in Phoenix, AZ immediately following an incident to speed up your claims process.

For Further Advice, Call A Phoenix, Arizona Car Accident Attorney

While the statute of limitations serves a purpose, it also can make victims feel like they are being hurried through recovery. Don’t concern yourself with the bureaucracy of legal regulations. Contact a local car accident attorney in Phoenix, AZ to discuss your options for making and moving forward with a claim. They will be able to guide you through the process while making sure that your case isn’t swept under the rug because of a timing issue.

For more information on the best protocol after a car accident, reach out to a Phoenix Car Accident Attorney in AZ from Kamper Estrada, LLP promptly for a free case evaluation!