Yes, if you swerved to avoid an animal and crashed, you can file a claim. Your eligibility for compensation depends on your insurance coverage and the specifics of the accident. Contact Hirsch Talcott at 602-903-6000 for a free consultation.
In the case of Rodemich v. State Farm Mutual Automobile Insurance Company, the Arizona Court of Appeals addressed a situation where a driver swerved to avoid an animal, resulting in a rollover accident. The court examined the insurance policy’s language and determined that coverage depended on whether the vehicle made actual contact with the animal. This case highlights the importance of understanding your insurance policy’s terms when filing a claim under similar circumstances.
Arizona law requires drivers to exercise reasonable care to avoid accidents, including those involving animals. However, the law also recognizes that sudden emergencies, such as an animal darting onto the road, can occur. In such situations, drivers are expected to react as a reasonably prudent person would under similar circumstances. If your reaction—such as swerving to avoid an animal—leads to an accident, your actions will be evaluated to determine if they were reasonable and if you are eligible for compensation.
Your ability to recover damages after swerving to avoid an animal largely depends on your insurance coverage. Comprehensive insurance typically covers damage from direct collisions with animals. However, if you swerve to avoid an animal and crash without making contact, the incident may be classified as a collision, which is usually covered under collision insurance. It’s crucial to review your policy and understand the distinctions between comprehensive and collision coverage to determine your eligibility for a claim.
In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident, as outlined in A.R.S. § 12-542. This means you have a limited timeframe to file a lawsuit seeking compensation for injuries sustained in an accident. Failing to file within this period can result in losing your right to pursue legal action. Therefore, it’s essential to act promptly and consult with an attorney to ensure your claim is filed within the appropriate timeframe.
If you’ve been involved in an accident after swerving to avoid an animal, it’s important to take the following steps:
1. **Seek Medical Attention:** Your health is the top priority. Even if injuries seem minor, it’s essential to get evaluated by a medical professional.
2. **Document the Scene:** Take photographs of the accident scene, your vehicle, and any injuries. Gather contact information from witnesses, if available.
3. **Report the Accident:** Notify your insurance company about the accident as soon as possible. Provide them with all necessary information and documentation.
4. **Consult with an Attorney:** Navigating insurance claims and potential legal actions can be complex. Consulting with experienced personal injury attorneys can help you understand your rights and options.
At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to assisting clients in Phoenix and throughout Arizona. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. To learn more about our services and why injured Arizonans choose us, visit our website or contact us directly.
Understanding your rights and the nuances of insurance coverage is crucial after an accident involving an animal. By taking the appropriate steps and seeking professional legal advice, you can navigate the claims process more effectively and work towards obtaining the compensation you deserve.
