when my lawyer goes after my insurance after an accident

Most personal injury claims after a car accident are resolved in out-of-court insurance settlements. A lawyer can review any information you send to the insurance companies to ensure it is accurate and won’t damage your case. A lawyer can handle all communications with the insurance company and negotiate with the insurer on your behalf.

Full Answer

When should you contact an attorney after a car accident?

If you or a loved one sustains an injury in a motor vehicle accident, contact an auto accident attorney as soon after the accident as possible. Don’t hesitate to contact an attorney, as it pays to act quickly when filing an accident claim.

Should I talk to the other party’s insurance company after an accident?

While you have a responsibility to notify your insurance company after an accident, you face no similar obligation to engage in any communications with the other party’s insurance company. It may call you and insist that you respond, but you should not speak to any representative of the other party’s insurance.

When do insurers contact accident victims after an accident?

Insurers frequently attempt to contact accident victims just hours after an accident or as soon as the next day. What you say to an insurer during this time can and will affect your case.

What happens if another driver sues you after a car accident?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court.

Who pays medical bills after a car accident?

If you were injured in a car accident that was caused by someone else’s careless or reckless driving, one of your first questions may be: Who pays medical bills after a car accident?

When and why should you give a recorded statement to the insurance company?

Giving a recorded statement to an insurance company after a car accident is a nerve-racking experience. You suspect that they are “lying in wait” for you to provide one wrong answer that will forever be used against you.

What should I do when hit by an uninsured motorist?

Georgia law requires that all owners of a motor vehicle maintain at least $25,000 in liability insurance on their vehicle at all times (OCGA 33-7-11). Everyone should know what to do when hit by an uninsured motorist. Most of us follow this law and have the minimum required insurance policy.

When does an insurer have to provide a lawyer?

A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...

What happens if you don't give your insurance notice of an accident?

If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.

What happens if an insured fails to give notice of an accident?

If the insured policyholder fails to give the insurer notice of the accident, at least within the time limits specified in the insurance policy, the duty to defend might be voided.

What is intentional act in insurance?

Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.

What happens if you are injured in a car accident?

Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice. Don't chance it. If you get into a car accident and you're capable of notifying the insurer, ...

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.

Does auto insurance cover intentional actions?

Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions. So, if, for whatever reason, the insured is accused of intentionally causing the car accident, there is a very real chance that the insurer will refuse to provide coverage for the accident and will refuse to provide a lawyer ...

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.

What happens if you are facing liability and your own insurance company has the opportunity to settle a claim?

If you're facing liability and your own insurance company has the opportunity to settle a claim for an amount within the policy limits, but they do not do so, the company might be held liable for the full amount of damages that result from any jury verdict against you.

What happens if an insurance company denies a claim?

Usually, if an insurance company denies a claim or denies coverage altogether, it has a sound reason for doing so. If the plaintiff didn't have a strong case at all and his or her settlement demands were unreasonable, an insurance company's refusal to settle is not going to equal "bad faith.".

How does liability insurance work?

How Insurance Policy Limits Work. When any kind of liability insurance policy is purchased, there is always a policy limit in place. This refers to the maximum dollar amount the insurance company is responsible for in terms of losses arising from an incident that triggers coverage.

What happens if you exceed the at fault party's insurance limits?

In many cases, if your damages exceed the at-fault party's insurance policy limits, your only recourse will be to collect directly from the defendant. This can be hard to do if the defendant does not have cash or assets to pay you.

Do insurance companies pay out to the policy limits?

But one thing to keep in mind—especially if you decide to file a personal injury claim —is that insurance companies usually only pay out to the policy limits.

Can umbrella policies be used for multiple insurance policies?

Umbrella Policies. In certain instances, even if there is a single defendant, there may be multiple insurance policies in play. Some defendants, especially corporate entities and large businesses, may have an umbrella policy that essentially "goes over" all of the other insurance coverage they have.

Can you sue more than one party for an accident?

Suing Additional Defendants. Sometimes, more than one party can be held legally and financially responsible for an accident. In many such cases, the different defendants may be said to be "jointly and severally" liable for the whole amount of damages.

Why Should You Call a Lawyer Before Talking to the Insurance Company?

It’s always advisable to talk to a car accident attorney before you speak to an insurance company. An attorney can help you understand your rights and avoid common pitfalls.

How Can a Lawyer Help You After a South Carolina Car Accident?

If you’ve never had to file an insurance claim after an accident, you might not know what is involved and what a lawyer can do to help. Here are some of the things the legal team at McKinney, Tucker & Lemel, LLC, can do to help with the claims process:

Contact Our South Carolina Accident Law Firm If You Have Recently Been Injured in a Car Accident

The South Carolina car accident attorneys at McKinney, Tucker & Lemel, LLC, are committed to protecting the rights of crash victims in Rock Hill and other nearby communities. If you’ve been hurt in an accident, get your free consultation today to answer your questions and discuss your legal rights.

How are medical bills paid after a car accident?

While the at-fault driver’s auto insurance will pay for damage up to the limit of their liability coverage (a limit is just the maximum amount their insurance will pay out), it can take some time for an insurance company to process the information and send out a payment.

How does car insurance work when you are not at fault?

How to claim medical expenses after a car accident depends on whether you are in an at-fault state or a no-fault state.

If I hire an attorney will I get a legal settlement?

In some instances, drivers may need to hire an attorney when claiming medical expenses after a car accident. If you are facing significant medical bills or the insurance company responsible for your expenses is not acting in good faith, hiring legal assistance might be worth it for you.