What Happens If I Can’t Settle My Accident Claim With Other Driver’s Insurance Company?

What Happens If I Can’t Settle Accident Claim With Other Driver’s Insurance Company?

The question many injured people have is, what Happens If I Can’t Settle My Accident Claim With Other Driver’s Insurance Company?  If you can’t resolve your claim with another driver’s insurance company you will likely have to file a lawsuit against the other driver.  Many people believe that they have to sue the insurance company when that is in fact not the case.  While the other person’s insurance company evaluates and makes an offer to settle your claim, the insurance company is not the one who caused you harm.  It was the driver of the other vehicle.

Filing a Personal Injury Lawsuit in Scottsdale, AZ

Filing a lawsuit is time-consuming, filled with technical requirements, and absent knowledge of the law you should not attempt to file on your own behalf.  You should consult with and hire an experienced personal injury attorney to assist you if the claim can’t be settled on your own.

How Long Do Accident Claims Take in Scottsdale?

The average lawsuit’s life span in Maricopa County for an accident claim is between 18 and 24 months, and even longer since the Covid-19 pandemic.  During the lawsuit there are several stages, the first is the pleading stage.  This is when parties file their initial documents with the Court.  For the Plaintiff, it is typically a complaint.  The defendant may file an answer or a motion to dismiss the lawsuit.  The second stage is the discovery phase.  This is where the parties exchange their legal theories, identify witnesses, exchange relevant documents, and conduct depositions.

Settlement Conferences

After the discovery phase, the parties will participate in a settlement conference in an attempt to resolve the matter.  This can be done via a court-assigned mediator or the parties can participate in a private mediation, where they pay and chose the mediator.

Personal Injury Trial

If the parties can’t resolve the matter, then the final phase would be a trial.  The parties can either agree to a jury trial or a bench trial (the judge makes the determination of who is the prevailing party).

Hiring a Personal Injury Lawyer in Scottsdale, AZ

Thomas Law, PLLC has the skills and expertise to go the distance when it comes to personal injury cases. If you’ve been injured due to someone else’s negligence, contact our personal injury law firm now for a free consultation. This is especially true if you can’t settle accident claim with the other driver’s insurance company outright.