how to deal with insurance in the event of an auto accident and whether to hire a lawyer

The insurance company will deny liability claims if they believe they can do so without any proof. You’ll need a car accident lawyer who can prove that the other party’s insurance coverage is inadequate. Ultimately, this means you’ll need to hire an attorney with a reputation of successful claims.

Full Answer

How to deal with an insurance company after a car accident?

In this article, you'll learn several tips on how to deal with an insurance company after a car accident to get what you need to move forward. Following an accident, you should file a claim with your auto insurance company if you the damages will cost more than your deductible.

When should you hire a car accident attorney?

If you have been involved in a car accident, and suffered any injuries or property damage, you should contact an experienced car accident attorney as soon as possible to find out more about your options.

Why do I need a lawyer for a car insurance claim?

An experienced lawyer can see the claim from all sides and know if there is any chance of getting the insurance company to reverse its position. “Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

How does a car accident lawyer get paid?

The majority of car accident lawyers are paid on a contingency, or “no-win-no-fee,” basis. This means that their fees will be paid out of any compensation or settlement that you receive. You should not have to pay anything for this initial conversation, and you do not have to make any commitments to hire the attorney.

How do you negotiate with insurance after a car accident?

8 Auto Accident Settlement Negotiation TipsInitiate a Claim as Soon as Possible After an Auto Accident.Keep Accurate Records About the Accident.Calculate a Fair Settlement.Send a Detailed Demand Letter to the Insurance Company.Do Not Accept the First Offer.Emphasize the Points in Your Favor.Get Everything in Writing.More items...

What should you not say to an adjuster?

Never admit blame to insurance adjusters. The top 5 things to not say to an insurance adjuster are admitting fault, saying that you are not hurt, describing your injuries, speculating about what happened, or saying anything on the record.

What are the 7 steps to dealing with a car accident?

How to Handle a Car Accident in 7 Easy StepsMove to a safe area (if you can) ... Stop your vehicle and get out. ... Check on others involved. ... Call the police to the scene. ... Gather info. ... Document the scene. ... File your insurance claim.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

Are insurance adjusters honest?

While some insurance companies may avoid paying what your claim is worth, the majority of claims adjusters in California are honest and respectable insurance experts. Most car insurance companies in California settle claims quickly and fully.

How do I get the most out of a car accident?

How to Get the Most Money From a Car AccidentRemain at the Scene of the Accident. ... Gather Information at the Scene. ... Obtain Witness Information. ... Seek Medical Treatment. ... Report the Accident to Your Insurance Carrier. ... Keep All of Your Bills. ... Keep a Record of Your Injuries and Recovery. ... Keep Going to Your Doctor.More items...•

What is the first step you should take after a collision?

If you are involved in a collision, stop your car at or near the collision scene. If you can, move your car off the road so you do not block traffic. Protect yourself and others from oncoming traffic. Failure to stop at the scene of a collision in which you are involved can result in your arrest warrant.

What is the first thing that you do when accident happen?

The principal concern during a car accident is the safety and well-being of everyone involved. Alight from your vehicle and take pictures of the situation whatever happens. After that, the drivers should pull their vehicles out of the road immediately so that they're both clear of oncoming traffic.

What is the first thing you need to do in the case of an accident?

Call 911 yourself if you can and give them your exact location, but if you can't do this yourself, ask someone else in the car to do it for you, or ask a bystander to call 911 for you. While you wait for emergency services to arrive, don't move from your vehicle unless you have to for safety reasons.

What happens if you don't agree with insurance adjuster?

The company must grant you this right and assign someone within the insurance company to look at the facts of your case and determine whether the adjuster made a mistake. If an internal review fails to reverse the adjuster's decision, you can file an official complaint against the insurance company.

How do I talk to an insurance adjuster?

Tips for Talking to an Insurance Claims AdjusterRemain Calm and Polite. ... Identify the Person You Are Speaking With. ... Give Limited Personal Information. ... Give No Details of the Accident. ... Give No Details of Your Injuries. ... Resist Initial Settlement Offers. ... Refuse to Give Recorded Statements.

How do you negotiate with car insurance adjusters about total loss?

If you are wondering how to negotiate with an insurance adjuster during an auto total loss claim, there are some steps you can follow.Determine what the vehicle is worth. ... Decide if the initial offer is too low. ... Negotiate with your insurance adjuster. ... Hire an attorney. ... Obtain a written settlement agreement.More items...•

Not every accident requires an attorney. Knowing when to hire a lawyer after a car accident can save you a lot of money. In some cases, especially minor accidents with no injuries, the insurance companies may manage everything satisfactorily without an attorney. But you may want to hire a lawyer after an auto accident if you were at-fault or sustained major injuries. Read our guide to learn more

Chris Tepedino is a feature writer that has written extensively about home, life, and car insurance for numerous websites. He has a college degree in communication from the University of Tennessee and has experience reporting, researching investigative pieces, and crafting detailed, data-driven features.

First things first

Immediately after a car accident, you should contact the authorities, seek medical treatment, and exchange information with any other drivers and witnesses. If you can, take pictures of the accident and the area surrounding it, especially any street markers or stop lights.

Should you get an attorney?

Not every accident requires an attorney. In some cases, especially with minor accidents with no injuries, the insurance companies may be able to manage everything satisfactorily. However, there are several scenarios in which you may want to involve an attorney:

When should you contact a lawyer?

In all of these scenarios, you should contact an attorney as soon as possible, if not immediately. If you are delayed in contacting an attorney, try to get one before speaking with any insurance companies.

What if you do not contact an attorney immediately?

There are still situations in which you may want to get an attorney involved even if you did not originally do so.

Resources

Rules and regulations can vary from state to state. Be sure to check on the laws pertaining to the jurisdiction you are in to find out if you are within your rights to sue for injuries from a car accident.

When can I file a lawsuit?

There are limitations to whom you can sue. Certain states allow drivers to recover a settlement for pain and suffering and lost wages from their own insurers. Other states limit such settlements to victims who are suing an at-fault driver.

When should I bring an auto accident lawyer into the picture?

If you stand to receive a settlement for a minor injury resulting in less than $1,000 in medical care bills, you can negotiate fair compensation with an insurance adjuster on your own simply by educating yourself on the process.

When should you settle and when should you pursue a lawsuit?

Auto insurance companies will typically attempt to settle a small personal injury claim immediately following auto accidents to avoid going to court.

Why are insurance companies not afraid to deny a claim?

“Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

What is the best strategy for a large claim?

Another good strategy for a large claim is hiring a public insurance adjuster. For example, after extensive home damage a public adjuster can work with you to get paperwork done, meet deadlines and advocate for you.

What is the purpose of asking innocent sounding questions?

Those include asking innocent sounding questions to gather information that ultimately hurts the person’s case, or closing the claim long before all medical bills, and necessary medical treatment, or lost wages, or pain and suffering, are even known.”.

Did November have to replace the adjuster?

And that’s when he and his wife decided to lawyer up. Which was easy for November because he is a lawyer. November asked the insurance company to replace the adjuster, which it did. The new adjuster, a fellow Clevelander, understood the extent of the damage to November’s home and helped him get the full claim approved.

Can a small claim settle without a dispute?

Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include: Claims where you and the insurance adjuster don’t agree early on. Expensive or complex claims.

What to worry about when you are injured in an auto accident?

Accident victims have so many things to worry about – property damage, medical expenses, dealing with the other driver and insurance companies – that often the thought of hiring legal representation is forgotten or never considered. If you have been injured in an auto accident or if you have been involved in a wreck with a negligent driver, ...

What to do after a car accident?

Follow these steps after you have been in a car accident: Always contact the police. They will provide official documentation of the wreck and investigate at the scene in an attempt to determine who is at fault. Seek medical treatment for any injuries you incur.

What evidence is needed for a car accident?

An attorney representing you can collect evidence such as: 1 Photos of the accident scene 2 Photos of the damaged vehicle 3 Police crash reports 4 Eyewitness statements 5 Information from a vehicle’s event data recorder 6 Medical and work records 7 Electronic evidence including cell phone records 8 Manufacturer records and recall information

What happens if you delay contacting an auto accident attorney?

If you delay in contacting an auto accident attorney about your case, you may be losing out on your ability to get the money you need to pay for medical bills or for car repair or replacement.

What evidence can be used to settle a case with insurance companies?

Electronic evidence including cell phone records. Manufacturer records and recall information. An attorney can gather all of this information as well as consult with other experts to put together a strong case for you in order to negotiate a settlement with insurance companies both inside and outside the courtroom.

What can a personal injury attorney do?

Hiring a personal injury attorney can help make sure that you get all of the remedies that are available to resolve your claim. An attorney representing you can collect evidence such as: Photos of the accident scene. Photos of the damaged vehicle.

How long can you wait to file a claim in Kentucky?

In Kentucky, the statute of limitations is 2 years after the accident or 2 years after the last no-fault medical payment.

How Do I Pick the Right Lawyer?

The laws relating to car crashes and how victims are compensated vary from state to state. If you are injured in an auto accident in Michigan, it’s essential to choose a Michigan attorney who specializes in auto crashes and personal injury law.

How Your Attorney Affects Compensation

Your choice of lawyer can have a significant impact on how your case progresses. Insurance companies are in the business of making a profit, so they will always try to settle for the lowest amount possible. They know which attorneys delay action, accept less than their clients claim is worth, and avoid going to court.

Do I Need a Lawyer for a No-Fault Insurance Claim?

Michigan’s no-fault law was supposed to make claiming compensation easier. However, the process is still complex, and there are many potential pitfalls when trying to file the claim yourself. Hiring a lawyer is still beneficial even if you’re not suing the at-fault driver.

Do I Need a Lawyer for a Minor Car Accident?

If you were not injured in the accident but your car suffered some damage, you can pursue the at-fault driver through Michigan mini-tort.

What Will a Personal Injury Lawyer Do for Me?

If a car accident results in serious injuries or death, you should consult an attorney as soon as possible. A skilled lawyer can help you with the wrongful death damages, no-fault benefits, and pain and suffering compensation you deserve.

What Can I Claim for?

If your injuries can be satisfactorily covered by no-fault law compensation, your personal injury lawyer can ensure you receive a fair settlement. However, if you are more severely injured, you may be able to file a lawsuit against the other driver. To do so, your injuries must fall within the definition of MCL 500.3135.

How Much Will it Cost Me to Hire a Car Accident Lawyer?

There is no immediate cost to you when hiring a lawyer at Cochran Kroll & Associates, P.C. We don’t charge upfront fees; instead, we work on a contingency fee. This means that we only get paid if we win your case.

1. Lawyers Will Help Prove Your Injuries

A challenging part of a car accident is claiming compensation, and many people will neglect this part. An attorney will investigate and provide evidence of who caused the injuries.

2. Lawyers Will Deal With Your Insurance Company

A lot of people find it hard to claim compensation when an accident occurs.

3. Compensation and Damages

A lot of people don’t know about the different damages they’ll need to cover. People who do cause the accident will need to pay for minor injuries.

4. Negotiate a Settlement

Negotiating isn’t limited to both parties who caused the accident. It also includes the insurance company.

5. Will You Need to File a Case?

Another benefit of working with an attorney is if you need to file a case. Not everyone will want to provide compensation for the damages done.

6. Enjoy Peace of Mind

After a stressful car accident, most people need to relax and heal. A lot of people don’t know how to handle the situation and deal with the aftermath.

7. Legal Mistakes

Legal mistakes will end up affecting your compensation. A lot of car accident claims will get settled outside of court.

What do insurance companies do to reduce the compensation paid out to victims of car accidents?

They can also handle the mountain of paperwork, phone-calls, and emails that are involved in an insurance claim, freeing you up to recover physically and emotionally from your accident.

What happens if you get injured in a car accident?

If you have been injured or incurred property damage in a car accident, you may have significant medical expenses, lost wages, and other costs. In many cases, these expenses continue long after the accident.

What happens when you file a car accident claim?

When you file a claim in a car accident case, you are not opposing an individual driver but instead a large insurance company that handles such claims on a daily basis. Some people who have been involved in an accident are concerned about causing distress or expense to the other driver, even if that driver caused the accident.

How long does it take to file a car accident claim in Delaware?

Often the relevant deadline is for personal injury claims, which in the State of Delaware is 2 years, typically running from the date of the accident. However, the deadline can be different in other states, other types of claim, ...

What happens if you don't have a strong legal claim?

If you do not have a strong legal claim in a car accident case, you are in a weaker negotiating position, and the insurance company knows it. Knowing the law is key to a successful claim.

How does a legal misstep affect your compensation?

Most car accident claims are settled out of court which leads some people to think that dealing with an insurance claim is only a bargaining process, and that the law is irrelevant. This is incorrect and can result in lost claims and lower compensation.

Why is timing important in a car accident?

Timing is important in a car accident case. After you have been in a car accident, there are a lot of unexpected things to take care of and you may also be dealing with physical injuries and emotional distress. It can take time for you to recover and deal with the necessary phone-calls and paperwork.