Arizona Auto Accident & Motorcycle Laws

Phoenix Motorcycle Accident Settlements

Often times, if you’ve been involved in a motorcycle accident, you sustain a pretty good injury. Why, because you’re going to lose versus that other vehicle. When dealing with a motorcycle accident, we recognize that you may have a sizable claim. We understand about motorcycle accidents very well, represented a number of people involved in motorcycle accidents in the past. Give us a call if you’ve had a motorcycle accident. We’ll do our best for you.

By: David Wattel

Phoenix Car Accident Claim Process

So, you’re involved in an accident, your vehicle has been damaged, is it repairable, is it a total? We’re going to help you out with that. If it’s repairable, you got a diminished value claim. We’ll help you pursue that as well. You need some medical treatment? We’ll make sure you get to the appropriate providers.

Once you’ve got yourself well, then it’s time to try and settle your claim. We’ll present a demand to the insurance company, document all your losses, medical expenses, your out of pocket expenses, your lost wages, value for pain and suffering, and we’ll give them an opportunity to pay you fair value.

And, if they choose to do so, great. If on the other hand, the insurance company wants to be stingy, we’ll litigate and we’ll force them to pay you fair value. Come to us and that’s what you can expect.

By: David Wattel

Diminished Value in Phoenix

We hold ourselves out as some of the leading attorneys anywhere on diminished value. Diminished value is the depreciation that your vehicle suffers following an accident once your vehicle is properly repaired. It’s not that your vehicle is totaled, but it’s repaired and now has less value in the market place than it did before the accident.

Diminished Value Claims & Appraisers

To pursue a diminished value claim, we hire an appraiser. An appraiser is someone who has the ability to evaluate the value of the vehicle before the accident and the value of the vehicle now. Often times, it may be in the value of (20) twenty, (30) thirty, and even (40) forty percent of the fair market value of your vehicle. Why, because now you can’t sell that vehicle in the open market place. You can’t get a retail value. You try to go trade it in, the dealership knows that it’s been involved in a wreck. As a result, they don’t want to take it in, because they can’t make a profit on it. So, you’re likely only going to get a wholesale value.

Wattel & York

Why do most attorneys not pursue the claims? Because, it doesn’t benefit them. We’re looking out for your best interests, whether it be something as simple as a diminished value claim, or as extensive as a significant injury claim. We’re there to do everything that it takes to get you fully documented on all of your claims.

By: David Wattel

Bicycle Accidents in Phoenix

I’m a bicycle enthusiast. I know how unsafe the roads are for bicyclers. You’re riding along, the car ahead of you is stopped, looks off one direction, doesn’t look back your way. You got trouble. You’ve now just been run over. Happens all the time. I represented a lady not to long ago with an accident just like that. I got her more than a million dollars. Now she was deserving of every penny, because her injuries were significant and severe.

Insurance Companies

A lot of times insurance companies want to blame you because you’re on the bicycle. Well you know what, a lot of times they’re wrong, and they may just be saying that because they’re hoping you go away.

Wattel & York

Well, you give us a call, and let us evaluate the liability on that claim, and who’s really responsible. Often times, it’s not you, the bicyclist. We’ll help you get your medical care and thereafter, we’ll make sure that insurance company pays you what you’re due. Either voluntarily, or if necessary, to litigate.

By: David Wattel

Hi, my name is Nathan Meyer. I’m a partner at Jaburg Wilk. My practice areas include insurance coverage, insurance bad faith, insurance UM and UIM litigation, as well as commercial litigation, professional liability litigation, and general liability litigation. There’s actually been some very favorable rulings for insurance companies regarding punitive damages. It started with a United States Supreme Court case in 2003 in Campbell. There is also recently been some Court of Appeals cases that has significantly reduced punitive damages award amounts to much more reasonable amounts in Arizona.

Reducing Punitive Damage Awards

In the United States Supreme court case “Campbell”, the court actually reduced a $145 million punitive damages award all the way down to a million dollars, or at least they said – they told the Utah Supreme Court, “We’re sending this back to you, and you need to reduce this award to something around a million dollars.”

In a recent Arizona Court of Appeals case, there was a $54 million punitive damages award. And the Court of Appeals initially reduced that from $54 million down to $620,000. Then the Arizona Supreme Court actually reduced it from $620,000 all the way down to $155,000. So it’s a substantial reduction.

Also you have another recent case called “Orellana the Prime Life Insurance Company”, and they reduced a punitive damage award from about $1.3 million all the way down to $320,000. So courts are really reducing some of these egregious punitive damages awards amounts down to something much more reasonable.

3 Factors Courts Consider When Reducing Punitive Damage Awards

In “Campbell V. State Farm”, that 2003 United States Supreme Court case, the court established three guide post a court should look at when they’re reviewing these large punitive damages awards.

One is reprehensibility, the degree of reprehensibility of the defendant’s conduct. Two is the disparity, and that’s where you get the ratio of the punitive damages to the compensatory damages. And the third is comparability to civil authorized fines, and those are usually fines authorized by statutes.

For example, in Arizona there is a maximum $50,000 fine per six month period when you violate the unfair claim settlement practices act. So those are the three things that courts look at when considering whether to reduce punitive damages.

By: Nathan D. Meyer

Property Damages in Phoenix

I don’t understand why law firms don’t help injured victims out with their property damages. We at Wattel and York have a property damage division dedicated to serving our clients, whether that be getting your vehicle repaired properly, or getting a fair market value on the total loss. You know, if your vehicle needs to be repaired, it needs to be repaired properly and safely.

Insurance Companies

Insurance companies cut corners these days and they make money by having you go to their shops. Why, because they control the labor costs, because they can put the parts that they want on your vehicle. We recommend you get it repaired at an independent body shop, not one that’s contracted with an insurance company through a direct repair program. We recommend you have OEM parts utilized in the repair, not after market parts. Those after market parts may not fit. In addition, they may nullify your manufacturer warranty.

Wattel & York

Let us help you with the property damage portion of your claim. We do it without cost to you if we’re handling your personal injury claim.

By: David Wattel

Cyclist Personal Injury Litigation

One of the great things about being from Arizona of course, is our weather. And the weather invites people from all over the country to come in on their bicycles, and share our highways and our roads. And one of the things that Friedl Richardson is concerned about, is educating the public as to the rights of those bicyclists.

Three Foot Law

One of the laws that are so important in Arizona governing bicyclists, is the three foot law. When you have an absence of bike lanes, and you have bicycles sharing the highway with motorist, it’s important for the motorists to realize, that he has to allow three feet from the bicyclists. And the bicyclists have rights available to them through Arizona laws, through municipality laws.

That really protects them on the streets, with or without a bike lane. One of the things that we see so often on the Phoenix streets, and in Maricopa County, are bicycle collisions. That’s a vehicle to bicycle collision. And generally these collisions happen, because the vehicle is inattentive. In most situations throughout our state, the bicycle has the right of way in any type of vehicle bicycle encounter. Whatever it takes to make these highways safer, that’s our goal.

By: Thomas M. Richardson

Steps to Take Following Automobile Collision

After you’ve been in a collision, one of the main things you’re worried about is getting your vehicle fixed, and if there are any injuries, you’re worried about the appropriate steps to take to get better.So the most important advice I can give you is follow your doctor’s advice.

Once you’ve had a couple of days to collect your thoughts, then you can worry about calling an attorney or finding out what type of help you need. What you really want to do is practice preventative driving. That’s what we’re seeking to do through these lawsuits, through making the claims, is to help make the Arizona roads safer. We have to drive on these streets as well and we want them as safe for our families as we can have them.

One of the main ways to improve the community is to learn from mistakes, and that’s what we’re mainly focused on here Friedl Richardson is community safety.

By: Thomas Richardson