Should You Speak With A Lawyer Before Filing A Claim?

If you have been injured or your property has been damaged in a car accident, you are going to have or file a claim with an insurance company to get compensation. This could be your insurance provider, the insurer of the party at fault or both. 

Navigating the ins and outs of which insurer is supposed to cover which costs can be difficult. It can depend on the types of coverage the different parties have and it can also come down to state laws that govern car accident liability. 

Even in a situation that seems relatively straightforward, negotiating with an insurance company can be time-consuming and difficult. You might think dealing with your insurer would be simpler, but it can still have all sorts of pitfalls that may result in you not getting the compensation you deserve.

Watch Out for Insurance Representatives

An insurance representative is going to want to talk to you to ask you about the facts of the case. This person might seem friendly and it might even appear as though they are going out of their way to be helpful. They might even offer to cover certain expenses very quickly and without a hassle. All of this may lead you to trust this representative and believe that he or she has your best interest in mind.

The truth is that the insurance adjuster is only there to help you as much as it can help his or her employer. It is the job of the insurance adjuster to limit the compensation as much as they can. They might get you to make statements that limit your ability to collect compensation. They may also offer to pay for something quickly in order to limit the amount they may have to pay later. 

This is why you should be careful when talking to an insurance company before you have a lawyer. A personal injury lawyer will be able to help you protect your rights in the event of an accident and they can manage the communications between you and your insurance company. Even if it is a claim that does not require an attorney, they could review your case and provide advice before you move on to handling the claim on your own.

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How a Lawyer Can Help You with Your Claim

You might think you can handle a car accident claim on your own, but a lawyer can help you with a range of issues after the accident. Many of these issues are things that you would not even think of if it were not for the advice of an attorney. Furthermore, if you do try to handle the case on your own, you could make things more difficult if you do eventually decide that you do need representation.

Assessing Damages

One of the most important things a lawyer can help with is finding all of the damages for which you are eligible. Your lawyer will have the experience and knowledge to come to an accurate assessment of the damages to ensure that you are getting everything you deserve. 

Medical costs are a good example of why you may need a lawyer. On your own, you might settle for being compensated for the medical expenses as they stand at the time of the claim. But what about any future treatment you may need? An experienced personal injury attorney will know how to account for future medical expenses and include those costs in your claim.

If you are injured, you might also need to recover lost wages from the insurance company. If the accident was the fault of someone else, that person should be responsible for your lost income. You may also need to consider the potential for reduced earning capacity. If you are unable to do your job for long after the claim, your reduced ability to earn an income should be considered.

Beyond that, you may also be entitled to compensation for things like pain and suffering or there could be a case for collecting punitive damages. Whatever the case may be, hiring a lawyer is the best way to ensure that you will be able to collect all of the damages to which you are entitled.

Building Your Case and Protecting Your Rights

Even beyond the financial side of a claim, a lawyer can do a lot to make sure your claim is as strong as possible and to protect your rights from many of the issues that may reduce your ability to collect on the claim. 

One of the most important duties of a personal injury lawyer is to open a line of communication with the defendant’s insurance company. Your lawyer will be able to handle most of these communications for you and this will protect you from many of the tactics they may use to reduce their legal liability or to get you to accept less than you have to.

A lawyer will also collect evidence to demonstrate the damages you are claiming and to demonstrate the liability of the party you have a claim against. They will do things like take photos of your injuries, photos of the scene, obtain police records, obtain medical records and more. All of this evidence can be used to build a stronger case.

Your personal injury lawyer will also negotiate the claim with the insurance company. You might think you are a decent negotiator, but negotiating a lawsuit settlement requires hard work and a particular set of skills. A good lawyer will know how to use the facts of the case to your advantage and they will understand how to counter arguments from the insurance company to get you the biggest settlement possible.

Should You Contact the Police Immediately After an Accident?

This question can be split into two parts. You have to consider what your legal obligations are when it comes to reporting an accident, and you also have to consider what is in your best interest as it concerns contacting the police. 

Legal Obligations

When it comes to your legal obligations, they can vary from state to state. Some states have laws concerning which conditions require an individual to call law enforcement to the scene and which accidents do not require reporting. Depending on where you live, you might even be able to report a minor accident to the police a week or more after it occurred.

When to Contact the Police 

While the requirements for calling police to the scene can vary, there are some rules of thumb you can follow to help you make this decision. Many of the state requirements are either the same or similar, so consider the following issues when trying to assess your legal obligations as it concerns contacting law enforcement at the scene of an accident.

You should definitely contact the police if:

  • The crash results in a fatality
  • There are any injuries as the result of the crash
  • Any of the parties complain of feelings of discomfort
  • Significant property damage to either vehicle
  • A vehicle is rendered inoperable and needs to be towed
  • A driver seems to be under the influence of drugs or alcohol 
  • A driver leaves the scene
  • You believe laws or traffic rules were violated
  • The accident involves a commercial vehicle 

These guidelines can be useful when trying to determine whether you have a legal obligation to call the police to the scene of an accident. With that said, they shouldn’t be your only guide when it comes to this decision. There are many reasons why you may need to contact the police even if none of the above-mentioned factors is involved.

Should You Contact The Police In The Event Of A Minor Car Accident?

In the event of a serious accident that meets the criteria listed in the previous section, you have a legal obligation to contact the police. If you fail to report these types of accidents, you could be issued a ticket and you may have to appear in court. 

But what about accidents that don’t appear to be that serious at the time? None of the cars have been seriously damaged and nobody appears to be injured. You and the other parties may be in a hurry and you all agree to exchange information and go about your business.

This is why the law does not require people to report every accident. As long as the damage is minor and no one is hurt, it is understandable if people do not want to wait for the police and file a report if they are on their way to work or have some other pressing engagement. 

When It’s Worthwhile To Call The Police Even For A Minor Accident

While it is true that you do not have a legal obligation to contact the police for every accident, you may still want to call them to the scene. A police officer can still document the scene and help to sort out issues concerning liability. This could be important if you decide that you need to file a claim later on. It is not uncommon for injuries to only become apparent days or even weeks after an accident. You may also find that there was damage to your vehicle that you did not recognize at the scene.

In some cases, when you call the police they might tell you to just exchange information with the other driver. If you are told to exchange information, you should exchange names, phone numbers, addresses, insurance information and the license number of the vehicle.

For many minor accidents, drivers will just exchange information without calling the police. If you do decide that you need to file a claim, most states will allow you to make a report after the fact. With that said, there is a time limit, so you should make sure to do it as soon as you can. 

In short, it is best to get a police officer out to the scene if you can. A police report from the scene can be a significant piece of evidence if there is a need for a claim or any other legal action after an accident. However, getting a police officer to the scene is not always possible. If that is the case, you should exchange information and try to document as much of the scene as possible. 

Reporting an Accident to Your Insurer

Depending on the terms of your policy and the state you live in, you may not need to report every accident to your insurer. However, most policies require you to report an accident before a certain deadline if you plan to file a claim. In general, the sooner you report an accident, any injuries or property damage, the better it is for your claim. 

Providing Details

When you do report the accident, you are going to need to provide some information. First, they will ask for the name of the policyholder, the policy number and the start and end date of the policy. After that, they will ask for general details like a description of the accident, the names of the drivers involved, the license plate numbers of the vehicles and the date and time the accident occurred. 

It is important to know what you should and should not say when you are talking to your insurance company. You will have to provide them with some basic details and it is in your best interest to be honest, but you do not have to provide them with every single detail of the accident and you should not guess if you do not have an answer.

If You Are Injured

If you are injured, you should let the insurance company know, but you do not have to go into great detail right away. Wait until you see a doctor to get a real diagnosis and don’t try to tell the agent what you think of the injury just because they are asking. Tell them that you are not sure about the extent of the injury and that you are going to have to wait until you see a doctor.

Answering Questions

The insurance adjuster is likely to have a lot of questions. You should be very careful when answering. Only answer the question being asked without offering any additional details. If you don’t know the answer or are unsure, tell them that you don’t know and that you will have to get back to them. It could hurt your claim if you try to guess or make up answers.

Understand Your Rights

Do not agree to make a written or recorded statement to your insurer until you are sure about the answers and you have an understanding of how they could affect your legal rights to compensation. If you are unsure and you feel like you are being pressured into making a written or recorded statement, talk to a personal injury lawyer.

Tell the Truth

Always be truthful in your statements. You obviously do not want to tell any outright lies, but you should also avoid exaggerating or shading the truth in your favor. It might seem harmless, but it could come back to hurt your claim if the insurer finds out. Just stick to the facts, don’t give your opinion and if you don’t have an answer, tell them you don’t know.

Don’t Accept an Offer

Do not accept any early settlement offers until you know the full extent of the damages and you are sure that you are getting fair compensation. Insurers will often try to issue quick settlement offers in order to avoid bigger payments and legal fees. However, if you do accept that offer, you probably will not be able to get any more compensation in the future. 

You might need to report the basic information soon after an accident, but that does not mean that you have to have all the answers or information your insurer requests. Report the basic information you have, avoid guessing, don’t give opinions and be honest. After that initial report, contact a lawyer and let them manage communications between you and the insurer.

What Should You Do After An Accident?

The moments after an accident are very important. In the most extreme cases, they can be the difference between life and death for some parties. Even if it is not a matter of life and death, there are some things you should know to do. 

  1. Stay at the scene of the accident. If you leave the scene before it is appropriate to do so, you could be charged with a hit and run. 
  2. Check on your passengers and any other person who may have been involved in the accident. If anyone needs medical attention, call 911.
  3. After you have checked on everyone, you should call the police. Even if no one is injured, having police on the scene could be useful if you need to file a claim.
  4. If it is possible, you should move your vehicle to prevent any further injuries or accidents.
  5. Exchange information with the other parties involved. 
  6. Limit your conversation with the other parties. You do not want to discuss the details of the accident or claim responsibility at the scene.
  7. If it is possible, you should try to talk to any witnesses and get their information. Along with that, you could try to take pictures to document the scene.
  8. Report the accident to your insurer. Remember to only provide the basic information during the initial contact. You can always get back them later with more details if you need to.

What to Expect When the Police Arrive

Calling the police can be one of the most important steps after an accident. As was mentioned before, you might have a legal obligation to call law enforcement after an accident. Even if you do not have a legal obligation, there are some important things a police officer may do at the scene of a car accident.

One of the first things the police officer will do is check on everybody and make sure there are not any injuries. If there are, they will call emergency medical services and they might even provide some aid if it is needed. 

Assessment and Documentation

Once everyone is safe and the appropriate medical attention is being administered, they will then move on to assessing the scene and documentation. The first step in this regard will be to take statements from any witnesses. This will include the parties who were involved in the accident and any people who may have been nearby. 

The police officer may also take photos of the scene. This will include damage to both vehicles, the broader scene of the accident, any debris that may have come off the cars and marks on the road. In addition to the photos, the police officer may also try to draw a diagram of the scene.

The officer will also conduct field sobriety tests if it is believed that one of the drivers is under the influence of drugs or alcohol. If the driver is determined to have been under the influence, he or she may be arrested or transported to a hospital for blood testing. 

Issuing tickets might be another part of a police officer’s duties at an accident scene. If it is determined that one of the drivers committed an offense, it will be written up and ticketed at the scene. 

Additional Logistics

The police may also handle duties like contacting towing agencies for cars that need to be moved or they might facilitate the clean-up of the scene in other ways. Additionally, if anyone is injured, the officer might contact the person’s family and direct them to the hospital where they will be admitted.

Should You See A Doctor If You Don’t See Or Feel Any Injuries?

In some cases, the need for medical attention is obvious. A person has a broken bone or they are losing blood. With these injuries, you know the person needs to see a doctor right away. But what should you do if you are in an accident and there are no visible injuries and you don’t feel any pain?

In these cases, you might not need to be loaded into the back of an ambulance and sped to a hospital, but you might still want to see a doctor. Even a minor car accident can exert a considerable amount of force on the body. While you might not have any broken bones, there could be injuries that are not as obvious. 

When an accident occurs, your body releases chemicals like adrenaline. With some injuries, this release of chemicals can mask the pain and cause a person to not realize they are injured. This can cause you to put off treatment longer than you should, and in the event that you need to file a claim, it could make your case a little weaker.

Even if you don’t feel injured, you should go to see a doctor. You might not need to get in an ambulance and you might not need to leave the scene and head right to your doctor’s office, but you should arrange an appointment as soon as possible. If you do have an injury, early attention could help improve the medical outcome and the documentation could be important if you need to file a claim.

How Common Is It To Have A Car Accident Injury And Not Know It?

It is very common for people to suffer injuries in an accident and not realize it until days or even weeks later. This is why it is so important to see a doctor even if you do not see an injury or feel pain. 

A soft-tissue injury like whiplash might not be apparent right after an accident, but it can still result in pain and disability. Concussions are very common in car accidents and they can often be difficult to notice at the scene. You might feel dizzy or nauseous a few days later, and then you know it is time to see a doctor. 

In the chaotic aftermath of a car accident, it can be easy to overlook injuries that are not immediately obvious. This is why you should try to see a doctor even if you do not feel hurt or see an injury. A doctor will be able to catch injuries that might not be as obvious to you. This will not only be important for your wellbeing, but it could also provide crucial documentation that will help to link the injury to the accident.

Do You Need A Lawyer For Every Car Accident?

It isn’t always necessary to hire a lawyer after a car accident. In some cases, the damages are too minor to warrant the attention of an attorney. If you live in a no-fault insurance state, you might be dealing with your insurance company instead of having to file a lawsuit against a negligent driver. 

For many people who have been in a car accident, it isn’t always clear whether they need a lawyer or not. Even in no-fault states, there might be a reason to file a claim against a responsible party. While there is no one-size-fits-all guide to whether a particular person will need representation after a car accident, the following points can indicate that you may need a lawyer:

  • You have been seriously injured
  • A loved one has died as the result of a car accident 
  • The accident involved multiple parties
  • There is a disagreement over fault
  • Conflicting reports from police or insurers
  • The accident was the result of an unsafe vehicle or unsafe roads
  • The party at fault was uninsured or underinsured 
  • You need to prove damages or liability 
  • The insurance company offers a settlement that does not cover the damages

Every car accident is unique and several factors can determine whether a person needs a lawyer after an accident. If you think you may have a need for representation but you are not sure, you can always contact a personal injury lawyer for advice. Most will provide a consultation at no cost and help you determine whether you would benefit from representation. 

Why Contacting a Lawyer is a Good Idea

Car accident claims can have very high stakes. If you are injured and can’t work, you have to worry about lost income and medical bills. These costs can easily climb into the tens of thousands of dollars. 

This provides insurers with significant incentives to find ways to not give you everything to which you are entitled. They might try to get you to settle before you even realize all of the losses you suffered. They might try to downplay your injuries or claim that they are not covered. They might try to get you to say things or give statements that could impact your rights to compensation.

This is why contacting a lawyer is a smart move. Even if it turns out that you do not need one, they can provide valuable advice about your case during the consultation. If you do need an attorney, they can be there to advocate for you, protect your rights, build a strong case for your claim and to negotiate for a fair settlement on your behalf.