Automobile Liability

Scope of Our Automobile Practice

Assignments range from single-vehicle property damage claims to multi-party collisions with competing liability theories and several insurers on the risk. We handle these matters in Arizona state and federal courts, as well as in arbitration and mediation.

Thomas Rubin & Kelley PC also handles the coverage and claim issues that accompany auto files, including uninsured and underinsured motorist (UM/UIM) claims, permissive use and family purpose questions, minor settlements, and medical lien disputes. When an auto claim includes a dram shop, premises, or roadway component, the firm coordinates the defense across each theory so the carrier is not paying for duplicated work.

Rideshare and delivery driver claims raise their own questions about which policy applies at the time of the accident, including whether the driver was logged into an app, carrying a passenger, or using the vehicle for personal purposes. Our attorneys help carriers determine the order of coverage so the defense is tendered to the correct insurer at the outset.

From Initial Investigation Through Trial or Resolution

Every new assignment begins with a review of the claim file, the police report, photographs, and the medical records available at the outset. The initial report gives the adjuster a clear assessment of liability, damages, and likely verdict range, so that reserves and settlement authority are set on reliable information.

Where liability is disputed, we move early to preserve vehicle data, scene photographs, witness statements, and cell phone records where appropriate. When the claimed injuries do not match the mechanism of the accident, our attorneys work with accident reconstruction, biomechanical, and medical experts to evaluate causation.

Reports follow the carrier's own guidelines and lead with recommendations and a budget. Significant developments, such as a policy limits demand or an offer of judgment, are reported promptly so the carrier has time to respond.

Thomas Rubin & Kelley PC prepares auto files as though they will be tried. That preparation gives the carrier better information for settlement, and when a case belongs in front of a jury, our attorneys are prepared to try it.

Issues That Shape Automobile Liability Cases

Arizona juries apportion fault among every driver, vehicle owner, and nonparty involved in a collision, so we investigate other drivers, road conditions, and vehicle defects from the first day of the assignment and preserve the evidence needed to present that fault at trial.

Coverage questions travel with many auto files. Our attorneys handle uninsured and underinsured motorist claims under A.R.S. §20-259.01, permissive use and vicarious liability disputes, and policy limits demands, and we work through these issues early so the carrier knows where its exposure sits. For further reading, see the firm's articles on UIM stacking, UIM exclusions for off-road ATV accidents, and Arizona's family purpose doctrine.

Distracted driving allegations now appear in a large share of collision claims, and we obtain phone records and vehicle data when a claimant alleges device use. Settlement strategy also turns on procedural tools and on claims brought on behalf of minors. The firm's articles on distracted driving, offers of judgment, and minor settlements offer further reading on these topics.

Assigning a New Auto Claim

Claims professionals can assign a new auto matter or discuss an existing claim by calling (602) 274-8289 or through the contact page. We represent carriers and self-insured entities throughout Arizona in both state and federal court.