Arkansas is a comparative fault state, but just because you may be partially at fault for the accident doesn’t mean that you are completely barred from recovery. We may still be able to get you an offer and ensure it is fair, even if there is comparative fault, and then work with your medical providers to get a reduction so that we can help you walk away with a favorable settlement. However, if you are 50% or more at fault, you can’t make a claim. If you are 49% at fault and the other person is 51%, you can still make a claim, and you may get some form of recovery.
We handle many comparative fault cases, but no exact science specifies at what percentage you were at fault. If the insurance company says that you are 40% at fault, we can often argue to reduce the percentage. It’s not a science, it’s an art, and an experienced personal injury attorney can help make those arguments for you.
Can The Police Report Help Or Hurt My Auto Accident Claim In Fort Smith? Will My Personal Injury Attorney Have Access To Police Reports Immediately?
The police report is often the first evidence that the insurance company uses to determine liability in a claim. Still, they talk to their insured client and get the story of what happened, but the police report is usually somewhat controlling in determining fault. Typically, if there is a dispute between the police report and the defendant, it is not a popular nor easy argument for the insurance company to claim the police officer is wrong. The police report is very authoritative and very controlling because a police officer generated it, and it’s hard to argue with the police officer. It is easy for our office to get police reports, and we usually get police reports before the client comes to our office for a meeting. It can generally help your case tremendously.
Will The Insurance Company Have Access To Past Treatments And Medical History? Could They Use That Against Me?
If you hire Mullins & Blake, we will not let the insurance company have access to any past medical history that’s not related to your accident. If we go to court and we can’t settle your case, they are entitled to look at your prior medical records. But in cases that don’t go to court, we don’t allow them to be granted access to anything. That’s like a fishing expedition, and the insurance company is just looking for ways to devalue your claim by pointing the past injuries. However, we do collect your present medical history and anything related to your accident.
That is a common pitfall that people make when they try to handle the cases on their own. People usually trust the insurance company too much and open up their medical records to them. They will also make too open of a statement, and the insurance company will look for many factors that may devalue the case as much as possible. One of the most important things that a lawyer will do is keep the insurance company from getting a release to get your medical history.
For more information on Comparative Fault In An Auto Accident Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 337-7077 today.