Signs You May Need Legal Representation for Your Car Accident

The first thought that pops into your mind after being involved in a car accident probably isn’t about retaining a lawyer. You’re still confused and probably shocked you’re even involved in a vehicle accident.

Your first coherent thoughts are probably related to injuries and property damage. Alerting your insurance company may be something else you think about. 

Attorneys are probably the last thing on your mind, even if the other involved driver is screaming about a potential lawsuit. So, when do you need qualified representation for car accident claims? To help guide you, we’ll take a closer look at when a call to a personal injury attorney should be at the top of your to-do list.

When You May Need an Accident Attorney

Some car wrecks are minor, and there’s no reason to hire an attorney; you’re only wasting your money and everyone’s time on a minor fender bender. 

When property damage is minimal and injuries aren’t present, there’s very little grounds for a personal injury case. However, not all vehicle crashes are minor, and sometimes you want to retain legal representation.

You Sustain Serious Injuries

If you sustain serious injuries in a car accident, you can probably expect high medical bills. You may need long-term or lifetime care and this is something you probably can’t afford without assistance. You can file a claim with your insurance company, but it may not cover all of your expenses. 

For example, auto insurance policies often have caps on payout amounts. This can leave you with outstanding expenses. Even your personal health insurance may not apply if your injuries are from an accident that’s not your fault.

To help ensure you receive compensation for your existing and possible future medical costs, you’ll probably need to file a personal injury claim against the at-fault party. The legal process can be complex, and it’s best to have legal representation.

Extensive Property Damage

You may already know insurance companies aren’t fond of paying out large claim amounts. For example, if your vehicle sustains significant damage, the insurance company may not want to cover extensive repair costs. 

The insurance adjuster will often look at your vehicle’s Kelley Blue Book value. If this value is less than the estimated repair costs, the insurance company will probably want you to scrap the damaged vehicle. In other words, the vehicle is considered totaled even if it’s possible to repair the damage.

Unfortunately, even if your damaged vehicle is relatively new, its Blue Book value may not be enough to cover repairs, which also applies to replacement costs. There’s very little chance the value of your existing vehicle is enough to cover the cost of a new or gently used one. This is an out-of-pocket cost the insurance company is hoping you’ll take care of.

The Accident Involves a Commercial Vehicle

There’s a chance you can receive a fair settlement with another driver’s insurance, even if you skip retaining legal representation. However, when a commercial vehicle is involved, you should consult with an attorney.

Personal injury claims involving commercial vehicles are often complex. There may be multiple parties liable for the accident. For example, if the vehicle is company-owned, the business may be liable. This can also apply to the maintenance shop. The driver can also be liable, sometimes only partially.

Don’t forget about the company’s insurance; insurance companies who insure commercial vehicles have strict regulations on claim processes and procedures. They may also try to drag your claims process out in hopes you’ll give up and accept a smaller settlement amount. An experienced attorney can determine liability and work to help ensure you receive fair compensation for your damages.

The At-Fault Driver Isn’t Insured

Even though it’s the law in Texas, all drivers must carry at least liability insurance, but unfortunately not everyone does. The number of uninsured and underinsured drivers is alarming, and this can make it difficult to recover compensation for your injuries.

The minimum insurance requirement in Texas is also pretty low at $30,000, which is rarely enough to cover medical expenses and property damage. This is before you start looking at other damages like lost earnings, pain, and suffering. 

While you can’t file a claim against an uninsured driver’s non-existent insurance company, your attorney can help you go after the at-fault party’s assets. This can include property and financial accounts.

The same applies if the driver is underinsured; remember, $30,000 probably isn’t going to be enough to cover all of your damages.

You’re Only Receiving Low Settlement Offers

Insurance companies are in the business of making money. Like any other type of business, insurance companies have overheads and stakeholders that expect them to turn a profit. Paying out full claim amounts cuts into their profit margins, and this is something insurance companies prefer to avoid

If your negotiations with the insurance adjuster are only resulting in lowball offers, it’s probably time to contact an experienced accident attorney. Your attorney is a skilled negotiator and can help you reach an acceptable settlement. 

If you can’t reach a comprise, your attorney can file a lawsuit against the insurance company in civil court. Sometimes, this is enough to bring the insurance company back to the negotiating table.

The Insurance Claim is Denied

Insurance claims can be denied for several reasons. You may be lacking the burden of proof or didn’t fill out the paperwork properly. 

Sometimes, insurance companies deny claims for no reason other than the hope you’ll eventually give up and go away. This is known as a bad faith insurance claim, and you’ll probably need an attorney to help you work through the complicated process.

Accident Liability is Difficult to Determine

Some accidents are cut and dry, and you know precisely who’s at fault for the accident. But other times, it’s a little harder to determine fault. 

Since Texas is a modified comparative negligence state, you can still file a claim if you’re partially responsible for the accident. However, you must be less than 50% to blame for the incident.

Protect Your Legal Rights After an Accident

If you get hurt or your property gets damaged in an accident, it’s pretty much a no-brainer to get a lawyer on your case. They know the ins and outs of the law and can make sure you’re treated fairly and get what you’re owed. 

Plus, having a lawyer by your side can take a load off your mind and help you deal with the legal maze, ensuring you get the best possible outcome.

Similar Stories