create your own

Should you call an attorney for an auto accident?

65
rate or flag this page

By Kentent



If you have been in a recent car accident, you might not be thinking of contacting an attorney. Most people who are involved in car accidents do not contact an attorney. The reason for that is that in most cases the car insurance companies for both parties take care of everything, all you have to do is sign the required paperwork and deposit the check. However, in some car accidents you are going to want to contact an accident attorney. The reason for this is that there are complications involved, so in order to get everything handled you will want some professional legal representation. If you do need to call an attorney due to a car accident you are not going to want to call just an attorney, you are going to want to call an attorney that specializes in car accidents.

The general rule of thumb that you need to follow when it comes to calling an attorney after a car accident is if you and your family have not been hurt in the accident you probably do not need to call an attorney. However, if somebody in your family has been seriously hurt than you are going to want to talk to an attorney about handling your claim, so that the people who are responsible for your injuries has to pay for them. However, there are always exceptions to the rules. If you are involved in a car accident, the best thing that you can do is to look at the degree of the car accident and use your best judgment about contacting a lawyer.

If you are involved in a car accident where somebody else is at fault or even if you are at fault, you are going to want to follow these simple guidelines.


Tips on winning a car accident claim without a lawyer

Not all car accident claims are going to require the expertise of a lawyer. In addition, there are some cases a lawyer will not take because the pay off is not going to be enough. If you find yourself in one of those situations then you will need to handle the car accident claim on your own. Here are some tips to follow to help you win the car accident claim when a lawyer is not needed.

Tip one: Evidence
Gather up all of the evidence that you are going to need, if in doubt mark it as evidence. It is always better to have more than you need, than not enough. Your case is going to need the evidence that proves the circumstances of the accident, in addition to the extent of the damage that occurred or your loss. The main evidence that you will need is police reports and medical information.

Tip two: Witnesses
Talk to your witnesses before the court case; make sure they are still telling the same story. Some witnesses can falter when cross-examined by the insurance adjusters. To avoid this prepare them for the type of questions that can be asked on cross.

Tip three: Claim amount
Figure out your claim amount beforehand. When deciding the amount you want to take into consideration that the amount you claim is not intended to simply reimburse you for your financial expenses, it is also to help make up for any trauma that you suffered. When filing a claim file it for an amount that is higher than your financial loss, but make sure it is still a reasonable amount.

Tip four: Negotiate
The outcome of your case is going top depend on how well you negotiate with the insurance adjusters. When negotiating a settlement you want to always be polite and let the insurance adjuster make their point. After they have made their point, you need to give your arguments on why you do not agree with their settlement and persuade them to see your point, just remember always be polite. Getting mad is not going to get you anywhere because emotions do not belong in negotiations.

  1. Call the police and an ambulance to the scene of the accident
  2. If any injuries were sustained in the accident, you want to seek medical attention for those injuries immediately. If you wait, it can cause complications in your case later on.
  3. Ask for a detailed collision reports that includes the witnesses statements. You can leave your information with the police officer on the scene. If you do not receive on in a timely manner, you will need to call the police department to ask for a copy.
  4. Exchange all of your information with the other parties involved in the accident, this means get their information as well. The information that you want to exchange includes names, telephone numbers, driver's license numbers, and insurance information.
  5. Never admit anything to anybody involved in the accident. If you take blame early on, it can work against you if your case later goes to court.
  6. If the other parties' insurance company adjusters or attorney contacts you, do not speak to them directly about the case. You want to talk with an attorney to see what you should do and if you should seek legal representation. Remember that their concern is for the people that they are representing not what is in your best interest.
  7. Do not sign any medical release forms until you have spoken with an accident attorney that is going to represent you. In car accident cases things like this can be used against you.


Now you need to figure out if you should call an accident lawyer or if you can handle everything your self. Here are some situations where you should contact an accident attorney.

Number one: At fault
If you are at fault in a car accident that does not always mean that, you will need to contact an accident attorney. If it is a simple fender bender and nobody was injured than most likely you will not need to contact an attorney because the insurance companies can handle all of that relatively smoothly. Here are some examples of when to call an attorney when you are at fault:

  • You are being sued, whether you are at fault or not, because you will need a lawyer to defend you
  • Being accused by the other party for being at fault when you think that you are not at fault
  • If you think the police report is inaccurate and incorrectly places you at fault
  • Insurance company has delayed or mishandled your case
  • Somebody has been seriously injured, disabled or killed
  • People who are not a part of your family were in the car with you and were injured
  • You do not have insurance or do not have enough liability insurance coverage to cover everybody involved
  • Your insurance company is claiming that you did not pay your premium, despite the fact that you did
  • Do not have a valid driver's license
  • A DUI charge is involved and you wish to contest it
  • You are charged with criminal violations for the accident, such as hit and run charges
  • You do not understand your rights


Number two: Not at fault
In some car accidents, the other party is going to be clearly at fault, so you would think that there is nothing to do, their insurance company should handle everything. This is not always the case, even if the other party is at fault there are going to be some instances where you will need to seek the help of an accident attorney. Here are some specific examples of when you should contact an accident attorney even though you are not at fault:

  • If the other party does not have insurance or if they do not have enough insurance and you do not have "uninsured motorist" coverage
  • If people in your car have been seriously injured, disabled, or killed
  • If the other party has hired an accident lawyer, you want on of your own. The reason for this is that their lawyer is going to do what they can to help their clients; you need somebody who has your interests at hand.
  • If the other party is contesting the fact that they are at fault or if they are saying that the police report is not accurate
  • If you think that the other party's insurance company is not acting in good faith, they are giving you the run around or are not offering you a fair settlement.
  • If you feel that your insurance company is not representing your properly. For example, if they are pressuring you to settle on an offer with the other insurance company when you do not want to settle
  • If you do not understand your rights


Number three: Other factors
Regardless of who is at fault in a car accident, you can still contact a car accident attorney. Many people contact an accident attorney for other reasons besides fault. However, in some cases it is not always needed to contact an accident attorney immediately. Here are some examples of when you can contact an attorney after some time has passed:

  • Asking for advice on the settlement value of a claim, an accident attorney cannot provide you with an exact answer, but they can provide you with the best and worst case scenarios
  • If you are not sure if other insurance is available to help cover the accident, such as homeowners insurance or travel insurance
  • If you need help in determining if your insurance company is not looking out for your best interests
  • If your insurance company starts using an attorney you are going to want to get your own accident attorney as soon as possible
  • If the accident occurred in a construction zone, in some cases fines and penalties are worse in construction zones because people are at risk
  • Looking for information on how to handle the negotiations with an insurance company
  • Need help understanding the terms of your insurance policy
  • You need somebody who has legal knowledge to review any confusing paperwork or forms that you need filled out or signed in a car accident settlement. You can also use a lawyer to help you understand any confusing terms, which legal paperwork tends to be full of legal jargon that only lawyers can understand.


If you decide, to call an accident attorney the next thing that you are going to need to do is to find a reputable accident attorney that can help you. The best place to start your search for an accident attorney is in your local yellow pages or you can use an online attorney search tool. When you contact the lawyer, you are going to want to briefly describe your situation and ask about the fees that they charge. The reason for this is that the fees are going to vary greatly depending on the type of service that the attorney is going to provide for you. For example, a simple letter to an insurance company might only cost a few hundred dollars, but a court case can cost thousands of dollars depending on how complicated it is.

Comments

RSS for comments on this Hub

No comments yet.

Submit a Comment

Members and Guests

Sign in or sign up and post using a hubpages account.


optional


  • No HTML is allowed in comments, but URLs will be hyperlinked
  • Comments are not for promoting your hubs or other sites

working