Posts tagged car accidents

• Statute of Limitations in Uninsured and Underinsured Personal Injury Claims

  Geoff Trachtenberg | April 23, 2007 5:57 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Recently the Arizona Legislature enacted a new and shorter statute of limitations for UM/UIM claims. The applicable section is ARS 12-555.For uninsured motorist (UM) claims such claims, such claims must be made in writing within three years after the earliest of (i) the date you knew that the tortfeasor was uninsured; or (ii) the date you knows or should have known that coverage was denied by...

• Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage

  Geoff Trachtenberg | January 10, 2008 4:04 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.Pima County Deputy Sheriff Jean Cundiff was injured by a third-party while on the job, in her patrol car. Although she was paid certain workers' compensation benefits, the third-party only carried $15,000 in...

• Judicial Officers are Subject to the "De Facto Officer" Doctrine and Failure to Object to the Appointment of a Judge Pro Tempore is a Procedural Defect That Can Be Waived

  Geoff Trachtenberg | June 08, 2007 8:49 AM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Division One just handed down Garner v. Schindler, a short and sweet opinion on the nature of judges pro tempore (I am a judge pro tempore, by the way). In sum, the appellant had a probate dispute litigated before a judge pro tempore and, after the case was over, decided to raise (for the first time) hyper-technical defects in the judge's appointment.The Court of Appeals, awknoweldged that...

• New Technology in Windshields from General Motors to Aid Aging Drivers

  Christy Thompson | January 07, 2010 10:49 PM | 1 CommentChandler, AZ Category: Automobile Accidents
  

  General Motors is also using technology to help older drivers. The company's Human Machine Interface division is developing a windshield to help older drivers compensate for vision loss and slower...

• Is a Medical Malpractice Claim "Mature" If There Is No Present Injury?

  Geoff Trachtenberg | April 19, 2007 8:57 AM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  As a rule, every medical malpractice claim must have four elements -- duty, breach, causation and damages -- and, at least as a general rule, you need all of them to have a cognizable claim. Sometimes, however, there can be an issue as to when a claim is "mature," i.e., complete or ripe.Take, for example, a person who has an increased risk of disease because he has been exposed to a defective...

• I-10 Fatality Accident Kills Six, Injurs 15 Outside of Phoenix

  Christy Thompson | March 05, 2010 8:14 PM | 0 CommentsChandler, AZ Category: Automobile Accidents
  

  Four women and two men were killed on Interstate 10 near Maricopa, Arizona early this morning when a charter-passenger bus hit the back of a passenger car and then veered off the road. Another...

• Uninsured / Underinsured (UM/UIM) Statutes of Limitation for Car and Motorcycle Accidents

  Geoff Trachtenberg | March 22, 2007 7:07 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  As of September 21, 2006, the statute of limitations was amended in Arizona for UM/UIM claims. Pursuant to ARS 12-555, as amended, insureds are now required to provide "written notice" to insurers that they are making a claim, and they must request arbitration or file suit within three years of such written notice.

• Rural Roads: Our Deadliest Drives

  Christy Thompson | January 10, 2010 11:45 PM | 0 CommentsChandler, AZ Category: Automobile Accidents
  

  Contrary to the child’s lullaby, traveling over the river and through the woods is not the safest way to get to Grandmother's house. The roads traveled least are the nation's deadliest...

• States Incentivized to Ban Texting While Driving

  Christy Thompson | November 04, 2009 7:27 PM | 0 CommentsChandler, AZ Category: Automobile Accidents
  

  Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while...

• Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

  Geoff Trachtenberg | August 27, 2007 2:14 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  New decision from Division One, Bohreer v. Erie Ins. Exch.. Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an agent for service of process and has not withdrawn such qualification or appointment, but has ceased doing business in the state prior to the acts underlying the complaint. The Court held...