Auto Accident Insurance Claims: When Does it Make Sense to Hire an Attorney?

You have probably seen the ads on television telling you to call an attorney if you’ve been injured in an auto accident and not to wait or you may lose your right to sue.  The ads don’t usually specify under what circumstances you should do so or how much time you have.  Here’s help in determining whether or not an attorney is advisable or necessary.

The simplest, most clear-cut claims really don’t require an attorney’s assistance!  The simplicity lies in three basic areas.  First, clarity of liability.  If the other driver was clearly at fault and acknowledges it or the police report states so, it is a simple claim so far.  Second, severity of the injuries.  If the injuries are minor with low medical bills and other expenses, it remains a simple claim.  Third, extenuating circumstances.  If there aren’t any, you can handle this yourself, no problem.  If, however, the situation calls for an investigation because of the complicated scenario of the accident, an independent medical exam due to pre-existing injuries, uncertainties about coverage, questions about the statute of limitations, or any other potentially sticky circumstances, it’s time to see a lawyer.  You may not know these things right away.  For that reason, many claimants start out handling their own claim, later on hiring the services of an attorney when they get stuck and don’t know what to do.

Under the following circumstances, it would be prudent to at least seek some advice from an attorney:

• Liability is not clear or is shared between or among the parties.
• You have no idea how to evaluate your claim.
• The adjuster has asked you to provide medical records for care you received prior to the accident.
• The adjuster has made you an offer and you think your claim is worth a great deal more.
• The adjuster is offering a structured settlement rather than a lump sum payment.
• You are not confident in your ability to negotiate a settlement on your own behalf.
• You have a claim of lost wages that is difficult to prove—e.g. you are a consultant, a business owner, a sales person, etc.
• It’s been almost a year since your accident, you are not close to settling your claim, and you do not know what the statute of limitations is in your state.

Under the following circumstances, it is imperative that you consult an attorney:

• There are extenuating circumstances that make your claim more valuable and you don’t know how to prove your loss e.g. you are a caregiver and can no longer take care of your husband, or sick mother, etc.
• The insurance company has denied your claim. You believe they are incorrect in their denial, and they will not reconsider.
• You are seriously injured with significant medical bills with or without residual (remaining) disability.
• You are moderately injured with residual disability and will incur future medical bills.
• The injured party is a minor with more than slight injuries.
• Liability is being disputed and you believe you are not responsible or are only partially responsible for the accident.
• The circumstances surrounding the accident are complex and may require expert investigation.
• The other party to the accident has served you with a lawsuit.

Note that the majority of claims are of the do-it-yourself type, but do keep your eyes open for any of the circumstances above and be ready to consult an attorney if the claim starts heading in that direction.