Unfortunately, when someone is injured in a car accident due to another driver’s negligence, there is no guarantee medical bills will be covered by the other driver’s car insurance company.
And if cases where the injured person does receive some monies, it may turn out that he / she was not justly compensated. It’s no secret that Insurance companies and their legal teams are well versed on how to minimize settlements claims when there are bodily injuries.
Victims of a car accident are at a decided disadvantage if they attempt to challenge an insurance company without a car accident lawyer at their side. You may not even realize that the insurance company is taking advantage of you.
Car accident lawyers in your state will know the law. They can explain the facts in a clear and supportive manner. They will have a good idea how much your case is worth.Having a skillful car attorney gives you more leverage during negotiations than you would on your own.
If they feel that you have a case, they will ultimately help you recover the maximum amount of compensation to which you are entitled.
Do Not Hire a Car Accident Lawyer if Your Injuries are Minor.
Most car accident lawyers work on a contingency basis. When the case is finished, they take a percentage (usually between 30% to 40%) of your settlement. In addition the plaintiff (you) will also be responsible for paying all court-related fees like filing costs and copying expenses.
Reputable car accident lawyers will not accept a client who has suffered only minor injuries since they could not justify the legal costs involved. In fact, if you live in a no-fault state, you are not even able to sue the other driver unless your accident-related expenses are above a certain amount.
In addition, the circumstances under which you can file a car accident injury claim in no-fault states, vary state to state. You can still receive some type of compensation from your own insurance company if your accident-related expenses do not reach the state’s no-fault threshold. No-fault states permit each driver’s insurance companies to pay for the costs of the accident to their own client without having to prove the other driver was at fault.
What is No-fault Auto Insurance?
The no-fault auto insurance system is intended to lower the cost of automobile insurance by taking small claims out of the courts. Each no-fault insurance company compensates its own policyholder, referred to as the first party, for the cost of minor injuries, no matter who was at fault in the cause of the accident.Learn more here.
Do Consider Hiring a Car Accident Lawyer if….
You and the other driver are in dispute over who was at fault. Can you prove you were significantly injured and can you prove the other driver is to blame?
The other involved driver was uninsured or underinsured.
You sustained serious injuries with possible long-term consequences that would impact complete recovery.
You feel pressured by the insurance claims adjuster to agree to a quick settlement. Many times impulsive decisions along with complicated insurance jargon in the settlement agreement can lead to a disaster for the victim.
You feel you’re not being adequately compensated for your current and potentially future medical costs resulting from injuries sustained in the car accident.
You’re concerned that your state’s statutes of limitation laws may become effective before you can challenge the settlement claim. The period of time allowed traffic accident victims to report an accident / crash vary state to state. Not reporting a car accident in a timely manner could limit your ability to collect compensation for injuries and other damages.
Our knowledgeable car accident attorneys will provide valuable advice about whether to sue or to just follow through with the insurance claim.
If you believe that the car accident justifies a lawsuit, we advise you to take pictures of the accident not necessarily at the time of the accident, but later return to the scene to take them or have a friend do it if you are incapacitated due to injuries. Make copies of all documents related to bills from the property damage of your car. Make copies also of your medical bills, etc. While being examined by your physician, let him / her know that you were involved in a car accident. Request copies from your medial professionals of such images as MRI, X-rays etc. that were taken due to your injuries. Document all expenses for ongoing treatments and / or physical therapies. Note the number of days and amount of wages lost from work due to the car accident. Finally, make copies of all correspondence with your insurance company that is related to the accident. All these auto accident details will help your car accident lawyer make a stronger case.
Date and time that the auto accident occurred.
Your name, driver’s license number, and car insurance policy number.
Names, driver’s license numbers, and car insurance company names of other drivers and passengers involved in the auto accident.
Weather conditions at the time of the accident
Location of the car accident.
Copies of police report, in addition to any other reports filed.
Duplicates of traffic tickets written at the accident scene.
Was either driver charged with a DUI (driving under the influence) offense?