should u get a lawyer when in a accident with someone without insurance

by Ima Langworth II 4 min read

If a lawsuit is filed against you, because you do not have insurance you will be looking at paying any damages to the injured person out of your own pocket. You may also be faced with hiring a lawyer at your expense, unless you want to try to defend the case yourself. It is no defense to these lawsuits to tell the court, "I can't pay that amount."

Full Answer

Can I handle an accident case without a lawyer?

Here are a few examples of cases that you may be able to handle without an attorney: One of the most common types of case involves injuries caused in auto accidents. Someone might rear-end you at a low speed and cause minor damage to your vehicle. The injuries to yourself or your passengers might result in a few visits to the doctor's office.

What do insurance companies do when you don’t have an attorney?

“Insurance companies use a couple of tactics with people who are not represented by attorneys,” she explains. “If they know there is a valid claim, they will make a quick low offer in hopes that you take the money and run.

Can I sue a car insurance company without a lawyer?

Suing a car insurance company without an attorney is a taller order. But here are some tips. Some car accident claims can be handled without a lawyer. Why not hire an accident lawyer? Because you want to save on attorneys' fees. Our law firm charges a 33% contingency fee if your case settles before we file a lawsuit.

When do you need to get an attorney for a car accident?

When you need to get an attorney depends on the size of the car accident case. In a wrongful death or catastrophic injury case, our attorneys are gathering evidence from day one. You do not leave any stones unturned in these cases. Because the stakes and the amount of money involved is too high.

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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.

What is the key consideration in a personal injury lawsuit?

A key consideration in any personal injury lawsuit is whether the person being sued (the defendant) will be able to pay a damages award if the person suing (the plaintiff) wins. If the defendant is not a corporation or a wealthy individual, chances are that the only source of payment for a damages award will be the defendant's insurance policy -- ...

What is no fault insurance?

Under no fault laws, the plaintiff's insurance company is the one to pay damages from an accident, regardless of whether the defendant has insurance or assets. The difference between UIM coverage and the coverage under no fault laws ( called personal injury protection, ...

Can a plaintiff sue the defendant?

However, the plaintiff can sue the defendant if the defendant caused the plaintiff serious injuries, such as disfigurement, or if lost wages, medical expenses and other economic damages are over a certain limit. The no fault laws vary from state to state, however, with some states even permitting the plaintiff to sue the defendant regardless ...

Can you sue for UIM insurance?

In fact, no lawsuit will be necessary, since the defendant does not need to be sued to prove the UIM insurance clause applies. The plaintiff may, however, need to sue or go through arbitration with his or her insurance company if the company disagrees that UIM coverage was triggered by the accident.

Does UIM insurance matter if the defendant is broke?

If UIM coverage is in place, it will not matter if the defendant is broke and has no insurance: the plaintiff's own insurance company will pay the plaintiff's damages up to the limits of the UIM coverage. In fact, no lawsuit will be necessary, since the defendant does not need to be sued to prove the UIM insurance clause applies.

Can an uninsured person recover from an auto accident?

If the plaintiff's injuries are from an auto accident where an uninsured defendant is at fault, the plaintiff may be able to recover directly from his or her insurance company . . . and without a lawsuit against the defendant.

Is litigation stressful?

For the defendant and the plaintiff, litigation is a stressful experience. It is rarely the case that the plaintiff simply hires a lawyer and the lawyer takes care of the rest. A typical lawsuit will require a lot of input from the plaintiff and the distinct possibility of having his or her character questioned.

How much money do you need to settle a lawsuit without counsel?

For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother. Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement.

Do you have to have counsel in small claims court?

You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.

Can you file a personal injury claim if you have no injuries?

Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.

Do insurance companies do their jobs?

In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill. Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.

1. Serious Injury

Even if your car accident occurred several months ago, you should still talk to a lawyer if you’ve been injured. In general, you should report your car accident within 24 hours.

2. Unable to Work

Auto accident injury lawyers can also help you file a claim for workers’ compensation. You’ll need to provide proof that you were unable to work and you may have to get a notarized document from your job.

3. Problems With Police Report

The best thing about hiring a car accident defense attorney is that they can help correct police reports. If you review the information and realize that the other motorist is lying, you should contact an attorney right away.

4. Issues With the Insurance Company

Insurance companies will always try to “lowball” you after an accident. They are always looking to save money and can be reluctant to settle claims.

Do you need a lawyer for a car accident?

If the accident involved more than three parties, there is no doubt that you will need a car accident lawyer. This is mainly because it will complicate your insurance claim.

Can you get compensation for an accident?

Sometimes, compensation can be done at the point of the accident- if both parties agree who is at fault. However, in case there is a disagreement, then you will have to find a lawyer. He or she will help you settle the dispute and help you earn a decent amount as compensation.

What happens if you are in a car accident with no injuries?

One of the most common types of case involves injuries caused in auto accidents. Someone might rear-end you at a low speed and cause minor damage to your vehicle. The injuries to yourself or your passengers might result in a few visits to the doctor's office.

Why don't people hire lawyers?

One reason many people cite for not hiring a lawyer of their own is that they have insurance, or that the other party has insurance. You may believe that insurance companies are there to look out for you. But in many cases, the insurance company's interests are directly at odds with yours:

How do I get an attorney?

Whenever you suffer from serious injuries, you need to get an attorney. That's because: 1 Your lawyer can help you make sure you get the full spectrum of damages you're entitled to. 2 Lawyers are experts in negotiation and can maximize your recovery. 3 The insurers and defendants may take your claim more seriously once you're represented by an attorney.

Why do you need a lawyer?

That's because: Your lawyer can help you make sure you get the full spectrum of damages you're entitled to. Lawyers are experts in negotiation and can maximize your recovery. The insurers and defendants may take your claim more seriously once you're represented by an attorney.

Why do people hesitate to hire a lawyer?

Affording a Lawyer: Contingency Fee Agreements. Another primary reason people may be reluctant to hire a lawyer is out of fear of paying legal fees. But almost all personal injury lawyers work on something called a contingency basis.

What information can be found in Alllaw?

If you come across obstacles along the way, a lot of information can be found in AllLaw's Personal Injury and Car Accident sections. Make sure you learn about the most important issues, including fault and legal liability, state laws that affect your case, and compensation available for different types of damages.

What is personal injury?

Personal injury claims cover a wide variety of situations and different types of accidents. You may have been injured in a car accident, by slipping and falling on someone's property, or bitten by a neighbor's dog. All these things are considered personal injury and the level of your injury can make big a difference in processing your claim.

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.

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.

Why do you need to have a lawyer for car accidents?

If you or any of your acquaintances struck by a car driver, don’t forget to note whether he has insurance. For dealing with the complexities of the legal issues, it is always recommended to hire a deserving attorney to help you out.

Road accidents involving an unlicensed driver

Numerous scenarios can be involved with unlicensed drivers. It could be a car that hit your vehicle, whose driver is also the owner of the vehicle, and he doesn’t have a license. In that case, please try to know whether he has insurance, and the insurance is valid even if there is no valid driving license.

Which types of penalties are carried for driving without a proper license?

Penalties for driving without a valid license vary from one state to another. But it is going to be severe in every case. Those drivers who never had a license can be fined up to $500 and up to two months of imprisonment. Moreover, they have to wait for the next six months to get a license.

Contact your legal advisor without making any delay in resolving all the claimant related issues smoothly

Whenever you met a road accident, no matter you hit another vehicle or another one hits you. If your injuries are not that serious, your first and foremost job is to contact your attorney and elaborate the entire fact. Then follow his instructions to get out of all the legal complexities lawfully and peacefully.

Conclusion

Be in touch with a qualified advocate for seeking any legal help regarding accidents, insurance coverage, and compensation claims whenever you need it. The insurance companies always seek opportunities to deny the claim, and a practiced law professional can only handle this tactfully.

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