Do I Need a Lawyer After a Car Accident?

Do I Need a Lawyer After a Car Accident?

When someone is involved in a car accident, the immediate aftermath is chaotic. There are several issues to deal with, including car repairs, healing from injuries, and dealing with insurance companies. These issues add to the chaos, and often, car accident victims end up sacrificing some of their legal rights unknowingly. After a car accident, one of the pressing questions is whether a victim should contact a lawyer. The answer to this question is not difficult: Victims of car accidents should always contact a car accident attorney to seek legal advice regarding their rights and options.

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Why Contacting a Lawyer Makes Sense After a Car Accident?

When a car accident victim suffers injuries after a car accident, there are three primary reasons why it makes sense to contact a lawyer. They are:

1. Insurance Company Adjusters
2. Understanding Car Insurance Regulations
3. Personal Injury Statutes

Victims of car accidents often feel the easiest option is to file their insurance claim and let the insurance company deal with the other driver’s insurer. However, every victim should be aware that insurers are not in business to settle claims. They are in business to make money, and every claim they pay impacts their bottom line.

• Insurance Company Adjusters

After an accident, insurers assign two adjusters to most cases. One will handle medical and other financial claims, while the second will handle damage claims. Each of these adjusters may contact the victim in the days or weeks following an accident to discuss the claim. Victims should never forget that the adjusters are working for the insurance company. Their primary goal is to reduce the financial liability of the company. The adjuster has no obligation to advise a victim of their legal rights or options.

• Understanding Car Insurance Minimums

Nearly every state in the country has some requirement for a driver’s minimum coverage when they own and operate a vehicle. The minimum insurance coverage requirements are different in each state. Even states with no-fault insurance will require a driver to have personal injury protection (PIP) coverage. It is important to remember that minimums may not come close to covering the losses suffered by a car accident victim. Even if a victim should suffer a broken leg that requires surgical intervention, this amount can disappear nearly immediately after treatment, leaving a victim to cover the rest of their losses. A car accident attorney can help ensure the victim understands their other legal options.

• Personal Injury Statutes Play A Role

In the immediate aftermath of a car accident, the victim is not thinking clearly. Compound that with the typical chaos surrounding the scene, the arrival of rescue vehicles, and the arrival of law enforcement officers, which only confuses the scene further. Unfortunately, some car accident victims may make statements at the scene, which could jeopardize their injury claim. Simple things like “I’m sorry” can throw doubt into who may be responsible for the accident. Most of us don’t know the workings of the legal system. Many know that the statute of limitations on personal injury claims exists but may not know what that means. It’s is the maximum time for someone to file a claim. The law may give you  as little as one year and as long as six years. An experienced attorney knows what rights victims in personal injury cases have and ensures to file the claims as promptly as possible. These are just a few of the reasons why it is practical to hire a lawyer to represent the interests of a car accident victim. An attorney can serve as an advocate and help ensure the victim of an accident does not do anything which would jeopardize their rights under the law.

How Victim’s Statements Can Affect Settlements?

One of the issues that can occur after a car accident are the victim’s statement of what happened. These statements include those that a victim may share with those at the scene of the accident. Some parties at the scene include the other driver, potential witnesses, passengers in the other vehicle, EMS, or law enforcement officers. Keep in mind these are not the only people a victim may speak with in the aftermath of an accident. Others include medical staff at an emergency room or trauma center, insurance adjusters, friends, family, and coworkers. There are several issues that a victim must be careful about following a car accident, including:

• Accepting any blame. Anyone involved in an accident should use caution when speaking about what occurred during the accident. For example, a simple observation, such as I turned my eyes away from the road for just a second to turn down the radio, could be misinterpreted to blame someone other than the person who actually caused the collision.
• Discussing physical condition. Everyone seems to be worried about the health and well-being of a victim after a car accident. This is perfectly normal. However, victims often downplay their condition because they do not want people hovering around them or feeling sorry for them. It is wise for a victim to use caution when discussing how they feel after an accident. Insurance adjusters can use simple statements such as “I feel pretty good” later.
• Discussing an accident on social media. As tempting as it may be for a victim to inform all their friends and family at the same time about an accident they have been involved in, this is bad form, and bad for final settlement negotiations. On top of that, posting photos of what someone is going after an accident is never a good idea.
• Medical treatments. A victim should adhere to all treatment recommendations following a car accident. This includes everything from time taken off work to follow-up visits to prescription medications required to treat pain. Failure to follow medical protocols following an accident can harm a final settlement.

Before taking any action which could jeopardize a settlement, a car accident victim should contact a personal injury attorney.

Working With Insurance Adjusters

Every accident which occurs on the roadway is different. In some cases, an accident involves only two cars, and law enforcement could easily identify the person who is at fault. However, in some cases, some factors can make determining fault challenging. Some of these include:

• Car accidents involving trucks. Multiple factors can make insurance claims more challenging when a truck is involved in a roadway accident. Liability is also a challenge because the driver, their employer, a repair shop, or the party responsible for loading the vehicle may also bear some liability.
• Multiple car accidents. When a driver is stopped at a red light and rear-ended, causing them to be pushed into the car in front of them, the liability for injuries and damage can mean there are going to be multiple insurance companies fighting over who is responsible for what damages and injuries.
• Uber/Lyft accidents. Insurance claims are very complicated when an accident involving a rideshare driver injures someone. Who is liable for the accident may rest on the driver’s status at the time of the crash.

In nearly all of these instances, there are likely to be multiple insurance company representatives involved in the claims process. Remember, most car accident cases have two assigned adjusters, one handling medical claims and one handling damage claims. Many car accident victims have never had to file an auto insurance claim, and the insurers are aware of this. Since insurers are not in business to lose money which they do when they pay out on a claim they will have a solid legal team to help them make decisions. This is another reason every car accident victim should seek help from an experienced car accident lawyer.

Documents Received From Insurance Adjusters

Victims of car accidents often find themselves deluged with paperwork. An accident victim may be required to file a police report following a car accident. In addition, a victim may also start getting documents from insurance companies. Chances are victims will get several forms from their own insurance company, the other driver’s insurance company, and a deluge of medical bills for the treatment they received in the aftermath of the accident. One important thing to remember is that no forms received from an insurance company should be signed and returned before an attorney with experience with car accident cases carefully reviews them. There are reasons to have these forms reviewed. While it may seem perfectly logical that an insurer will want to review a victim’s medical records from the accident, a medical release form may contain language which allows them to review their entire medical history. This is not a mistake the insurance company hopes they can find a link between the history and the current injury by looking into a victim’s history. This can help insurers minimize the amount they must pay on a claim. Other documents that an insurer may send victims may include information about potential settlements. If there is anything received indicating a settlement, a lawyer should review the form. An insurer often makes a fast offer, especially when a victim has a catastrophic injury. Once a victim agrees to a settlement, even for less than their losses, the insurance company no longer has an obligation to the victim.

The Cost of Legal Help After a Car Accident

The potential for a victim sacrificing their rights is one of the reasons why a victim should consult with an attorney. Someone worried about money because they are out of work, their car needs repair, and their medical bills are piling up is concerned about paying yet another bill. However, there are some things every car accident victim should know about most car accident lawyers:

• Offers a free consultation. In nearly all cases, a victim may have their case evaluated by a car accident lawyer at no charge. A consultation can be set up and allow the victim to share information about their accident.
• Work on a contingency basis. Typically, a car accident lawyer will work on a contingency fee basis. The victim will not have to pay anything upfront for legal fees. Instead, the attorney takes the case with the understanding the victim will pay no legal fees unless and until there is a settlement. The victim will be liable for filing fees and other expenses but will pay no lawyer’s fees if there is no settlement.

Lawyers can take care of filing insurance claims, ensuring they have access to all the necessary documents from a victim’s medical team, secure police reports, and when needed, contact experts to verify how the accident occurred and the severity of a victim’s injuries. While the insurance company adjuster may suggest that hiring a lawyer means a victim has less control over their case, this is false. Every lawyer is obliged to act in the client’s best interest and inform the client of any and all settlement offers made by the insurer.

You Do Need a Lawyer After a Car Accident?

Many legal issues can occur following a car accident. For most victims, an attorney with a proven track record of success can provide you with tremendous help. The more serious a victim’s injuries, the more likely they benefit from a good lawyer. Having someone who can advocate on behalf of a victim allows them to focus on their physical and emotional recovery. Contacting a car accident lawyer also informs victims about their legal rights and options.

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