if at fault when to hire a lawyer

by Giovani Miller MD 7 min read

If you got into a car accident that was either the other party’s fault or no party’s fault, you should hire a lawyer. An experienced personal injury attorney can help you craft a case to show who was really at fault and help you recoup financial losses as a result of the accident.

Full Answer

When should I hire a lawyer?

If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. If you stand to lose a great deal of money in a lawsuit, find a lawyer.

Should I hire a personal injury lawyer?

You may have automobile or homeowners insurance, but it is still advisable to consult a lawyer. If you or a family member have been injured, and it appears you have a good claim, most personal injury lawyers will not charge you any fee, but will take payment from the judgment they obtain.

Should I contact a lawyer before talking to an insurance company?

“If you believe you have an insurance claim, it is always better to contact a lawyer before you speak with any insurance representative,” says Allen Patatanyan, co-founder of West Coast Trial Lawyers in Los Angeles.

Do I need a lawyer for a car accident claim?

Even the insurance industry recommends a lawyer—to a certain point. The Insurance Information Institute, an industry-funded trade group, issued a statement on how the claims process works.

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Is it a good idea to hire a lawyer after an accident?

There are many reasons accident victims should not wait to speak to a lawyer after an accident. Contacting a lawyer as soon as you can after a crash will prevent you from making costly mistakes and ensure you are on a level playing field from the start.

How do insurance companies decide who was at fault?

Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.

Should you ever admit fault accident?

Even if the accident does seem like your fault, never admit fault after you have been involved in a car accident. Admitting fault puts you at risk to not receive any compensation that you may have otherwise been entitled to.

Will my insurance pay if it was my fault?

In most states, if you are at fault for an accident you (or your insurance company if you have liability coverage) will have to pay for the losses of the other driver, passengers, and anyone else harmed by the accident. Losses include things like car repairs, medical bills, lost income, and pain and suffering.

How long does an insurance company have to investigate a claim?

within 30 daysIn general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.

What should you not say after an accident?

Don't say “I'm sorry” DON'T! A simple “I'm sorry” can be used to show that you admitted guilt and responsibility for the accident. Even if you mean “I'm sorry you're late for work” or “I'm sorry you are hurt” – try to avoid using the words “I'm sorry”.

Should I tell my insurance company I was at fault?

Yes. Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or property damage. A common myth is that you do not need to contact your insurance company if you were not at fault.

What happens if I crash and it's my fault?

If you were at fault, then your insurance company will pay for the vehicle repairs. You will pay the excess on your policy. This is the portion of any claim that you agreed with your motor insurer when you took out the cover.

Why do at fault drivers hire an attorney?

An at-fault driver will want to hire an attorney to minimize his or her liability and potentially prove the plaintiff’s fault in the matter.

What happens when a plaintiff faces multiple defendants in a lawsuit?

When a plaintiff faces multiple defendants in a lawsuit, the comparative negligence statute will still apply ; the plaintiff’s fault percentage may not exceed the combined fault of the defendants. If the jury deems one defendant 25% at fault and the other 25% at fault, then the plaintiff’s fault would not exceed their combined fault and ...

Can a lawyer subpoena a traffic camera?

For example, if a traffic camera recorded the intersection where an accident occurred, your attorney could subpoena the traffic camera footage for use in the trial. Your attorney will likely also interview any witnesses who saw the crash and help corroborate your version of events.

Can you determine fault immediately after an accident?

A car accident can happen extremely quickly, and it may be difficult to determine fault immediately after an accident. If a driver suffers severe injuries and requires ambulance transportation, it is unlikely he or she will be able to secure any evidence immediately after the crash, such as the other drivers’ contact information ...

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 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.”.

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.

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.

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