One of the more unpleasant experiences in life is being involved in an auto accident. Like death and taxes, however, all of us who drive seem destined to have the experience. How we deal with it will determine the degree of the unpleasantness we experience.
Things to think about
If you are fortunate, there are no injuries, the damage is minimal, the other driver was at fault, and the other driver is insured – and honest. You exchange information, your car is repaired, the bill is paid by the other driver’s insurance company, and all is well. But, what if there are injuries, the damage is significant, the fault is not clear or insurance coverage questions arise? Or what if you are at fault but the other party waits before claiming the accident caused an injury or illness? How might that complicate the matter? How long can he wait? What if there are previously existing injuries? How long do the parties have to file suit?
How an attorney can help
If there are complications, extenuating circumstances or potentially unresolved issues, you should consider seeking the advice of a good automobile accident attorney. An experienced attorney can help in a number of ways:
- He will evaluate your legal exposure or determine your best strategy if you have a claim. He knows the issues, the process and the opposing attorneys.
- He will know what kind of evidence to look for to support your position and how best to obtain it.
- If you wish to represent yourself, the attorney can act as your legal advisor and coach – and then take over the case if that becomes necessary.
- He can be your negotiator in an unresolved dispute.
- He can represent you via letters and phone calls. A letter from an attorney does have impact.
- He also can try your case if it reaches that stage.
When to seek an attorney
What are some good general guidelines to determine when you should contact an attorney?
It is a good idea to consult an attorney if:
- Liability (fault) is unclear
- The insurance adjuster has asked for medical history prior to the accident
- The adjuster is proposing a structured settlement instead of a lump sum payment
- You are uncomfortable negotiating a settlement with the insurance company
- You sense your insurance company may be unfairly taking advantage of you (acting in bad faith)
- You don’t know your rights
- You don’t clearly grasp the terms of your policy coverage
- You have a claim for lost wages that is difficult to establish (consultant, business owner, paid on a commission)
Call an attorney NOW if:
- You have reached an impasse with your insurance company (you believe you deserve more than they are willing to offer)
- There was a serious injury with extensive medical bills and possible ongoing residual expenses
- A death has resulted
- Liability (fault) is being disputed
- The claim has not settled and it is almost a year after the claim was filed
- The accident involved third parties
- The police report is not accurate to your detriment
- You do not have sufficient insurance to cover the potential liability
- Your insurance company employs its own attorney
- You are sued
You don’t always need an attorney when you are involved in a car accident, but many situations you do – and not all of them involve litigation.
