Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

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Should I Get a Lawyer for a Car Accident That Wasn't My Fault

If you were in an accident that was not your fault, consulting or hiring a personal injury attorney to evaluate your claim and guide you through the legal process may be beneficial. This article will discuss the process and outline how a car accident lawyer may help you receive fair compensation from the other driver.

Getting into a car accident is never convenient, and this is particularly true when the car accident was not your fault. When another person causes the accident, you may wonder how to collect money and handle a car accident claim. You could be dealing with medical bills and serious injuries. A car accident case can often involve expert witnesses and specialists to help you win your case.

Determining Fault in Car Accidents

To understand why a lawyer may be helpful in a car accident case, we will look at the process of determining fault in a car accident. Each driver’s insurance company will have a process for assigning fault, typically looking to blame the other driver they do not cover. They will normally consult police reports and descriptions of the accident scene to gather clues as to which driver caused the car crash. Because of this, the moments immediately after an accident are important.

Exchanging Information

After a car wreck occurs, the first step for both drivers is to exchange information, such as names, contact information, and insurance coverage. Most states require drivers to carry liability insurance; some require personal injury protection coverage. You will need to get the information of the other driver’s insurance company. This helps you report the accident and file an insurance claim with your company correctly.

Talking to Police

You will also need to report the accident to the police to ensure that the police report accurately reflects your version of events. You will want to be calm and clear while explaining the truth of what happened and be clear that you do not admit fault. Explain the other driver’s fault in a nonaccusatory and factual way.

Medical Attention

If you need to, you should seek medical attention immediately. You will want copies of all the medical records and medical expenses you incur as a result of the accident. The closer the treatment is to the accident, the more likely it is to be considered a result.

Contact Your Insurance Company

You must contact your insurance company to help you report the auto accident and start a claim against the other driver’s insurer. Reporting the incident yourself helps you avoid the other party accusing you of fault to your insurer before you can report the issue. If you fail to notify the insurance companies, the at-fault driver may claim the accident resulted from your actions, making your claim and case more difficult.

How a Car Accident Lawyer Can Help Your Case

The legal process for a personal injury claim can be overwhelming for the most litigation-savvy. These cases typically involve competing car insurance claims, reports from police and insurance adjusters, medical records for physical injuries and emotional distress, and fights about negligence and fault.

A personal injury attorney from a law firm with connections in your area will know how to gather evidence and work diligently to help you receive compensation for your injuries and property damage. Legal representation will pursue justice to keep you afloat during the accident’s aftermath.

Reasons You May Need a Car Accident Attorney

While there may be cases where you can handle the insurance claims and companies on your own, some specific incidents and issues may require an attorney for the best result.

Significant Property Damage or Personal Injury Claim

When you report an accident to the other driver’s insurance company, this is called a third-party claim. You are asking their insurance to pay for your physical and property damage. However, when the accident-related losses are significant, the insurance company will often choose not to pay for it or dispute that you are entitled to full compensation.

To ensure that you are adequately paid for your medical treatment and damage to personal property, it may be best to consult a lawyer when there are significant costs. Legal counsel can assist with gathering evidence to bolster the full claim.

Disputes over Fault

If you and the other driver both believe that the other person is at fault, it may be helpful to hire an attorney. If you both blame the other, the police report and other evidence may be unclear as to who the at-fault driver was. An attorney will help you establish fault through the various tools at their disposal, such as accident reconstruction specialists or other experts, to help show that you did not contribute to the injuries you suffered.

Confusing Fault Laws

Many states have different rules about who may recover damages from an accident, depending on their role. These vary from state to state, but there are some general principles to follow; however, it is best to have a free consultation with a law firm if you believe you may share some of the blame.

Contributory Negligence

One of the issues you may encounter is contributory negligence, a rule that if you are even the smallest bit at fault, you may not recover anything from the accident. This rule is increasingly rare because it often precludes injured parties from receiving fair compensation with the ease of establishing even the smallest amount of blame on the other party. However, if you are in a state with this type of law, hiring a lawyer for a car accident lawsuit may be helpful to ensure you do not admit to any fault, even accidentally.

Comparative Fault

Comparative fault is the principle of fairness in a claim. These laws require the court or parties to weigh the relative fault of both parties and determine who the at-fault driver is and who is entitled to compensation. By comparing the faults between the parties, they can establish an equitable result. The laws and formulas for determining who is paid for what under these schemes vary greatly, so it can be helpful to talk with a lawyer when dealing with these claims.

Difficult Insurance Companies

Finally, car insurance companies can be very difficult to work with and can try to catch you for something you said or did. If you are dealing with a car insurance company that is making it difficult to move forward, it may be time to talk to a car accident lawyer.

Possible Recovery

It can help to know the possible recovery for a car insurance claim and how much an attorney could help you bolster your claim. Generally, these damages are either economic damages, such as lost wages, the cost of replacing personal property, and out-of-pocket costs for medical expenses. However, you may be able to recover damages for pain and suffering or emotional damage if the accident was caused by something more egregious, such as drunk or reckless driving, where the other driver had more fault based on their choices.

If you have complicated damages to explain or lasting physical symptoms, having an attorney or law firm lay out the case in mediation or litigation may be beneficial.

Conclusion

When you are involved in a car accident, there are a million little things to consider on top of the big issues, like medical appointments and replacing your property. Hiring a lawyer will often allow you to focus on other things and ensure that you are fairly compensated for the damage you sustained.

To learn more about whether or not you should get a lawyer for a car accident that wasn’t your fault, insurance policies, negotiation tactics, and more, contact ADR Times!

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Emily Holland
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