when is time to hire lawyer for car accident if the other side told our insurance their lawyer

by Maria Romaguera 4 min read

When you’ve suffered injuries and damages from a car accident that wasn’t your fault, you will likely be able to hire an attorney on a contingency fee basis, which means that the attorney doesn’t get paid unless and until he or she is able to get financial compensation for you in a settlement or at trial.

Full Answer

When should I hire a car accident attorney?

The sudden and violent impact of the crash requires fast access to medical care for your severe injuries. If another driver is responsible for your accident, consider hiring an attorney as soon as possible. Accident victims must protect their best interests soon after transport to a hospital or trauma center.

Do I need a lawyer if my car accident claim is denied?

However, if you’ve already had a claim denied, an attorney can help. 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.

Should you hire a lawyer to make an insurance claim?

Speaking with an experienced lawyer before you contact your insurance company to make a claim can help you avoid hurting your case when you communicate with experienced insurance representatives when you open a claim, he adds. “Remember this,” he adds.

Is it too late for an insurance company to deny a claim?

If you have to ask that question, it might already be too late, according to Brian Page, an associate attorney at Stewart J. Guss, a law firm specializing in injury accidents. “If an insurance company denies your claim, it is unlikely they will change their position unless new evidence is presented,” he says.

How long before an insurance company offers a settlement?

Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.

How does car insurance decide who is 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.

What happens when insurance companies disagree?

If your claim is denied, regardless of how valid you believe it is, you'll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims.

How do I dispute a car accident fault?

Steps for Disputing Who Was Assigned Fault After a Car AccidentCompile All of Your Proof. ... Contact the Police Officer Who Filed the Accident Report. ... Dispute the Claim with Your Insurance Company. ... Hire a Lawyer.

The Sooner After Your Crash You Hire a Lawyer, the Better

There are several reasons you should consider contacting an attorney soon after a car accident. Let’s look at three of the biggest challenges your attorney can help with right away.

Evidence Gets Lost Quickly

Building a successful case against an at-fault driver requires sufficient evidence, including property damage, medical records of bodily injury, and camera footage. The more time that passes after your crash, the greater the chance that this crucial evidence will be lost, and the strength of your claim will be diminished.

Your Lawyer Can Talk to Insurers on Your Behalf

Both your and the other driver’s insurance company will likely want talk to you as soon as possible after the accident. They hope to get you on record making a statement that lessens their liability and, thus, the amount of compensation they must pay.

Your Lawyer Can Advise You on Medical Care and Other Important Steps

Attorneys can also help their clients by advising them what they should and shouldn’t do to maximize the value of their claims. Though lawyers don’t give out medical advice, they will advise you to get care as soon as possible after a crash.

1. When You're Injured

The first and most obvious time to consider hiring a car accident lawyer is if you've been injured in the collision. Even if your injuries seem minor, it's always a good idea to get professional advice to make sure you aren't overlooking any potential long-term effects of the crash.

2. When the Accident Is Due to Someone Else's Negligence

Usually, when an accident happens, it's pretty easy to figure out who will be held responsible for what happened but every now and then, things aren't quite so clear-cut.

3. When Insurance Companies Try to Lowball You

Even if you know that the accident wasn't your fault, some car insurance companies will attempt to offer a much lower settlement than it would cost for you to have the damages from the accident repaired.

4. When There Are Complex Legal Issues Involved

Car accidents can sometimes lead to complicated legal issues, such as disputes over who is actually at fault or questions about how much money should be awarded in damages. If you find yourself dealing with any of these sorts of issues, it's a good idea to have an experienced lawyer on your side to help you navigate them.

5. When You Don't Feel Comfortable Dealing with the Insurance Company on Your Own

Even if the car accident wasn't your fault, dealing with car insurance companies can be a frustrating and intimidating experience. Dealing with car insurance companies is a full-time job for car accident attorneys, so they will be able to get you the compensation you deserve from the insurance company—without you having to lift a finger.

Why do people seek legal representation for car accidents?

Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action. You have the right to hire legal representation at any time throughout the process of making an insurance claim or pursuing a personal injury lawsuit.

How to seek compensation for a car accident?

Filing an Insurance Claim. When you experience a motor vehicle accident, the first step in seeking compensation is to file a claim with either your own insurance provider or the other driver’s insurance company. In some states, comparative negligence laws apply, ...

How long does it take for whiplash to show up after an accident?

Keep in mind that some car accident injuries may only display symptoms days or even weeks after an accident. For example, whiplash may take several days to manifest, according to the National Institute of Neurological Disorders and Stroke (NINDS).

What happens if you are distracted while answering a phone?

If the driver engaged in distracted driving while answering a phone or navigating on a GPS, this breach in their duty of care they owed you while on the road may have contributed to the accident. A lawyer can help investigate the cause of the accident and use evidence to demonstrate the fault of the other driver.

Can a lawyer help you in a car accident?

While obtaining a lawyer does not guarantee you a specific outcome for your case, they can help investigate the crash, gather evidence to demonstrate the other driver’s negligence, and take care of negotiations with insurers on your behalf.

Can you seek insurance for a car accident if you are uninsured?

If the other driver’s policy cannot cover the costs of your losses, you may be able to seek them through your own policy if you carry uninsured motorist coverage. You can hire an attorney immediately after a car accident to help you assess your losses and explore the options available to you through your own insurance policy.

1. When you have no one to help you

We can suffer in a situation where no one can come to your help. It might be because you are in a foreign country or in another city or state. In such situations, even if you have friends and family, they won’t be able to come to you.

2. You need to file an insurance claim

Insurance claims are not that easy. There are various legal situations that you cannot cope with. So if you have experienced a car accident, you will claim insurance. Your vehicular insurance will be separate and your personal injury will be separate.

3. When you need to be hospitalized

Visiting a hospital is a common practice after suffering from a road accident. Therefore, you will also do so. You need to visit the hospital and get a complete checkup. This is necessary because you might suffer from injuries after some time. A lot of times, we do not feel the pain at that instant. However, things get serious with time.

4. Filling for a lawsuit

In some cases, the party at fault won’t admit to their mistake. Thus, you will be left with only one option, which is to file a lawsuit. And because it will be related to the court, you will definitely need an attorney to deal with the situation.

5. Your insurance company is playing tricks

Insurance companies have a lot of tricks in their hands. They might delay the payment time to hold on to their money for a longer time. So if you feel like the company is stalling time and delaying your payment, you should consult an attorney. He will help you out in this situation.

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.

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.