when the accident is your fault do you need lawyer

by Esperanza Olson I 7 min read

Hiring an attorney as soon as possible following your car accident is another wise choice. A lawyer can help you find other evidence that can help establish fault for the accident. 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.

While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party. Getting into a car accident due to another party's negligence typically results in stress, frustration, and injuries.

Full Answer

Do I need a lawyer for a car accident?

You may believe car accident lawyers only help people who are innocent victims of car accidents, but there are many ways an attorney can assist you even if you think you’ve caused an accident. It’s always worth discussing the situation with a law firm. Choose one that regularly handles all types of traffic accident cases!

What if you were only partially at fault in a car accident?

2 What if You Were Only Partially at Fault? You may believe car accident lawyers only help people who are innocent victims of car accidents, but there are many ways an attorney can assist you even if you think you’ve caused an accident. It’s always worth discussing the situation with a law firm.

What to do after a car accident if you’re at fault?

There are important steps to take after a crash whether or not you were at fault, and you should stay focused to ensure you do—and don’t do—certain things. First, never under any circumstances should you leave the scene of an accident.

Should I contact the police after a car accident?

Especially after a car accident, but also after allegations of intentional harm like assault, it's important to contact the police so that they can come to the scene and take statements from all the parties involved, and speak to any witnesses. Having a police report will also help if, later, the plaintiff exaggerates or changes his or her story.

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How do you deal with a car accident that is your fault?

Even if you were fully at fault for a car accident, there are things you should do to protect your rights.Stop and Stay Safe. Stop and make sure you are out of the way of traffic. ... Report the Car Accident. Call the police to report the accident. ... Exchange Information. ... Document the Scene. ... Tell Your Insurance Company.

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.

Should I call my insurance if it was my fault?

Yes. Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or property damage.

How does 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.

Should you admit fault in an accident?

You should not admit fault at the scene or following the incident until speaking with a car accident attorney. If you admit fault, insurance companies have legal responsibilities to cover damages. Your own insurance will have to pay for the damages to your and the other party's property.

When someone hits you do you call your insurance or theirs?

Despite the circumstances, whether you are at fault or not, you should always call your insurance if you are involved in an accident. Whether you have found it damaged while parked or in any other unfortunate circumstance, you need to contact your insurance immediately.

Can you claim for an accident that was your fault?

In order to make a successful personal injury compensation claim, you need to be able to prove that the accident was caused due the negligence of another person or company. It is therefore not possible to make a claim if you were entirely at fault for causing the accident.

What should you not say to your insurance company after an accident?

Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it. Exchange details with the other's involved and get in touch with your insurer to report the incident.

How Do You Prove Fault in a Motor Vehicle Accident Claim?

To prove another driver is to blame for a motor vehicle accident, the plaintiff must prove to the satisfaction of a court that:

What Happens if There is Property Damage?

If there was some damage to the other driver’s car, they may pursue the at-fault driver through Michigan mini-tort. This is a fairly inexpensive way of settling small disputes. MCL 500.3135 (3) (c) (e) provides that damages to motor vehicles may be recovered up to a limit of $3,000. This type of claim doesn’t always require the help of a lawyer, but you can still book a consultation if you’re unsure how to proceed.

Can the Other Driver Claim Economic Losses from Me?

In certain circumstances, the other driver may sue the at-fault driver for excess economic loss compensation. This compensation would cover past, present, and future expenses not covered by PIP benefits through the no-fault insurance law.

Do I Need a Lawyer in a No-Fault Accident Case?

If there are no injuries or they are minor, you may think you don’t need a lawyer in a no-fault accident case. It’s a common misconception that all you have to do is file a claim with your auto insurance company. Then under Michigan’s no-fault insurance laws, medical bills and attendant allowance are paid out.

How much do lawyers need to improve their recovery?

If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.

What to do if insurance company is not playing nice?

If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.

Do attorneys take on smaller claims?

Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.

Do injury lawyers offer free consultations?

Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim .

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 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.

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.

Fault matters in an accident

The police usually decide who caused an accident. Insurance companies use the police report to decide who gets payment. If you're careless, break traffic laws or drive dangerously, you could be blamed for an accident.

How to know when to sue

If you don't know whether to sue the other driver after a car accident, you probably should, especially if you were hurt in the accident.

It's best to hire a lawyer

Some people worry that they can't afford a lawyer, especially after an accident. But a good lawyer only asks for payment if you win.

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 at fault for a car accident?

What Happens When You are At Fault for a Car Accident? When you’re involved in a car accident someone else caused, you’re probably aware of your right to seek compensation for medical bills, property damage, and other losses from the insurance company of the at-fault driver.

What if You Were Only Partially at Fault?

What’s the number one reason you should always discuss your accident with a lawyer in-depth? They can let you know if you have a chance at financial recovery. In fact, a law firm can do more than that; they can conduct a professional investigation and review all relevant evidence to determine liability.

How much can you recover from an accident if you were 40% at fault?

For instance, if you were 40% at fault and incurred $10,000 in losses, you can still recover $6,000. The insurance company or jury determines the percentage of fault to assign to each driver.

What to say when police arrive?

When the police arrive, stay courteous and give them a basic statement regarding how the accident happened. While you can say that your car collided with the other car, never add details such as “I was distracted and hit the car.” Avoid admitting why you think you were at fault, as anything you say will be used against you later.

How to stop a car from being aggressive?

Stay polite, but keep communications to a minimum. Determine whether anyone is hurt and provide the basic information the driver needs from you, then wait calmly until medical personnel and police arrive. Even if the other driver is acting aggressive, you should never be aggressive or defensive in return.

Why is it important to collect evidence at the scene of an accident?

It’s also important to collect evidence at the scene of the accident if you are in good physical condition to do so. In some cases, there may be evidence that you shared the blame with the other driver, which can be extremely valuable. Follow these steps to begin compiling evidence as soon as the accident occurs:

What to do after a car crash?

What to Do After You Think You Caused a Car Crash. If you think (or know) that you just caused a car accident, stay calm . There are steps to take after a crash whether or not you were at fault, and you should stay focused to ensure you do—and don’t do—certain things.

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 is comparative negligence in Texas?

Texas is one of many states that follow comparative negligence laws. These laws allow plaintiffs to recover damages after car accidents even if they were partially to blame for causing those accidents. Texas law stipulates that a plaintiff receives compensation diminished in proportion to his or her fault percentage, so long as his or her fault does not exceed the fault of the defendant or defendants in the claim.

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 ...

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.

Does Comparative Negligence Still Matter With Multiple Defendants?

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 the plaintiff would qualify to receive 50% of the claim value.

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