If you’re involved in a fender bender without injuries, you can usually handle your car accident claim through your insurance company. Anything more serious than that, however, requires more consideration for that you need lawyers for car insurance claims.
To decide if you need lawyers for a car accident claim, consider these factors.
Can you describe the severity of your injuries? How long did it take you to recover (or is it going to take you)?
Every case is unique, and so are the ways people define a “significant” loss or “high” cost. What is devastating to one person may not be to another.
In general, if you had (or have) a serious injury that:
- You were affected for a long time by it
- Hospitalized you
- You missed work or school as a result
- Lost income as a result
- Medical bills were extensive as a result
There is a possibility that it will be long-term (lasting about a year or more) or permanent
Even if you choose not to hire an attorney, a consultation can help you understand your options.
The more at stake, the better it is to have an attorney’s help. Insurance companies have attorneys of their own, whose goal is to reduce settlement amounts or deny claims. In the event that the claim is worth a lot, the insurance company and its attorneys will fight harder.
An attorney is really necessary for claims involving long-term or permanent disabilities. You may incur future medical expenses as a result of your injury, and complications may develop. Such injuries can have a significant impact on not only your quality of life but also your livelihood and ability to work. Injuries of this type are complex and challenging to prove, which is why an experienced personal injury lawyer should handle the case.
Is the other driver’s insurance company disputing liability in your accident?
There is immediate cause for concern if the other driver and/or their insurance company refuse to admit fault for the accident.
An insurance company disputing a policyholder’s liability essentially says that the policyholder is not at fault and that the company is not responsible for paying your damages.
You may not have enough evidence to prove the insurance company was at fault. The police report may be inaccurate. Witnesses may differ. Or, the insurance company may simply think you don’t have enough proof.
Many people accept early settlement offers from insurance companies, even if they have misgivings, just to move on. No one likes dealing with insurance claims. Even so, you may want to consider it more closely, especially if you might be facing a large claim.
In the event that your settlement offer isn’t fair, an attorney can negotiate with the insurance company to raise the settlement amount if it isn’t. An attorney can file a lawsuit on your behalf if an acceptable agreement can’t be reached or the insurance company refuses to negotiate.
Are you comfortable settling your own car accident claim? Are you willing to invest the time needed to do so?
You aren’t legally required to have an attorney for a car accident claim. If you settle your claim yourself, you will save attorney fees, so you can keep more of the settlement amount for yourself. This may be a good option for routine claims where there aren’t serious injuries or high out-of-pocket costs.
You should consider these factors if you decide to settle your own claim:
If you are willing to learn about the claims process, and then handle the claim (around 12 – 20 hours for a routine claim, although it may take more or less depending on your speed)
Present your claim if you feel confident about it
When your claim becomes too serious for you to handle on your own
To ensure you don’t lose coverage for Personal Injury Protection (PIP), Underinsured Motorist Coverage (UIM), and Uninsured Motorist Coverage (UM), you should evaluate your own car insurance.
The process can be changed if you decide you’re in over your head and need an attorney’s help.
Will your case go to court?
If you have to go to court, and small claims court isn’t an option, you’ll want lawyer on your side.
While small claims court has simplified rules that make it easy for individuals to present their claims without a lawyer, litigation involves formal court rules, protocol and technical rules of evidence. If you’re represented fairly, an attorney understands these rules.
Lawyers can also be contacted at the following times:
- The accident resulted in a death
- There were pedestrians involved
- A construction zone was the scene of the accident
- There is no insurance on you or the other driver
- The insurance company claims you haven’t paid your premium, but you have
- If you’re at fault or partly at fault, and you’re concerned your liability insurance won’t cover the damages
- The insurance company becomes uncommunicative and cagey
- The insurance company hires its own attorneys
Getting a lawyer to sue an auto insurance company: Can I sue a car insurance company?
If you or a family member was injured in a car crash that wasn’t your fault, you may be wondering how to get the compensation necessary to pay for any medical bills and other losses. Usually, the at-fault driver’s insurance will cover these expenses. But some policies are too stingy when it comes to settling claims. A skilled car accident attorney can make sure adequate payment is awarded for the damage and injuries resulting from the accident.
As U.S. News & World’s best law firm in 2021, Florin|Roebig has won its clients more than $1 billion in case results.
Consult an attorney if you are unsure.
A lot of accident lawyers offer free consultations, so you aren’t obligated to hire them. This can be a way to see if you have a personal injury claim, or if there are any potential red flags in your case. In car accident cases, you should always be cautious.
The information on this website does not constitute legal advice, and it does not constitute an offer of legal representation. Accessing this information does not create an attorney-client relationship. E-mails sent to the addresses provided on this website are not considered confidential. You should not send us confidential information without contacting an attorney first.
It is important to note that our attorneys are only licensed to practice law in Kansas. This website is not intended to be an advertisement or solicitation to perform legal services in jurisdictions where we are not licensed to do so. The results or outcomes of cases listed on this site do not guarantee a similar outcome in future cases.
The types of motor vehicle accidents
The most common causes of car accidents in the United States include: dangerous driving conditions and reckless behavior on the part of the at-fault driver.
- A speeding ticket
- Driving aggressively
- Traffic violations
- Driving while distracted, such as texting or eating
- Parts that are defective in vehicles
- Malfunctioning traffic signals
- Poorly maintained roads
Suing a car insurance company with the help of an auto accident attorney
Whenever you are involved in a car accident, it is advisable to consult an experienced auto accident lawyer, especially if you were not at fault. Florin|Roebig will guide and assist you every step of the way through the insurance claims process. In case the insurance company does not pay you the settlement you deserve, we will fight for you until you receive the compensation you deserve and need.
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