Hit by an auto accident and feeling the legal process is a minefield?
Welcome to the club. With 6 million car accidents happening in the United States each year, it’s a problem over 6 million people will need help with.
The legal process is complicated, time-consuming, and frankly…
Most people have no idea what to do.
The good news? It’s simple once you understand how the system works and the steps involved. This guide covers everything you need to know about auto accident legal services.
In this post, you will learn:
- Why Auto Accident Legal Services Matter
- Understanding Your Legal Rights After A Crash
- The Claims Process Step-By-Step
- Common Legal Roadblocks And How To Avoid Them
Let’s dive in.
Why Auto Accident Legal Services Matter
Here’s a stat that will blow your mind…
The difference between filing a claim on your own and using experienced auto accident lawyers is staggering. I’m not talking about just a slightly better result. I’m talking about 91% of claimants with an experienced attorney getting a settlement, compared to just 51% on their own.
Ninety-one to fifty-one percent.
And it gets even better. The amount paid out to people who hire professional help is almost 3x the amount people received when representing themselves. Think about what that means for your medical bills, lost income, pain and suffering, and everything else.
Auto accident legal services bring an expertise that most of us don’t have. They understand how insurance companies work. The tricks and tactics they use to give you the lowest payout possible. They know what evidence to gather, how to negotiate a settlement, and when to go to trial.
Without the right legal guidance?
You’re leaving money on the table and possibly putting your entire claim at risk.
Understanding Your Legal Rights After A Crash
Moments after an accident, most people are in complete shock. It’s all happened so quickly. The adrenaline is rushing. Pain may not have set in yet. Or even worse, you feel fine. Last thing on your mind is legal strategy and your rights.
But here’s the thing…
What you do (or don’t do) in the first few hours, days, and weeks can make or break your case down the line. You have certain legal rights starting right at the moment of the crash that need to be protected.
First and foremost, you have the right to medical attention immediately. Even if you feel fine, you need to get checked out. Whiplash and internal injuries don’t always show symptoms right away. Documentation from the doctor’s office is crucial evidence.
You also have the right to refuse to give recorded statements to insurance companies before you have legal counsel. Insurance adjusters will sound friendly and helpful but they work for the insurance company, not you.
Make sure you document everything you can at the scene. Photograph the accident scene, damage to vehicles, and visible injuries. Get contact information from witnesses, if possible. Memories fade fast but this info could be key evidence later.
The Claims Process Step-By-Step
Ok, enough talk. Let’s break down the claims process step by step.
The process kicks off when you report the accident to your insurance company. They open a claim file and assign an adjuster. This is where things get sketchy because that adjuster is going to be investigating your claim and valuing it for what they believe is the lowest amount possible.
Here’s what typically happens next:
Your insurance company will review police reports, medical records, and damage estimates. They’ll assess who was at fault based on evidence and local traffic laws. In comparative negligence states, it’s possible for both drivers to be found at fault to varying degrees.
Then it’s time for negotiations. The insurance company will make an initial settlement offer. This first offer is almost never even close to what your claim is really worth. Much, much lower. This is where having a legal representative makes the most difference.
Your lawyer will counter their offer with a demand that accurately represents the true value of your damages. This negotiation back and forth can go on for weeks or months. Most cases settle during this negotiation stage and never have to go to trial.
If negotiations come to an impasse, then we move to the litigation phase. Your lawyer files a lawsuit and we enter discovery. Settlement discussions can still happen here and it’s common for cases to settle after a lawsuit is initiated.
Common Legal Roadblocks And How To Avoid Them
Ok, so you have an idea of how auto accident legal processes work. But what are the most common mistakes people make when they file claims?
Missing deadlines is #1. Every state has a statute of limitations that limits how long you have to file a claim. It’s usually between two and four years from the date of the accident. If you miss that deadline, you lose your right to seek compensation entirely.
Accepting the first settlement offer is another huge mistake people make. Insurance companies count on people being desperate for money and accepting their lowball offers. Once you sign that release, it’s final. Even if you discover more injuries later, you can’t come back for more money.
Failing to properly document your case creates issues too. Without concrete evidence, your word against theirs. Be sure to keep detailed records of:
- Medical treatments and expenses
- Repair estimates and receipts
- Lost wages documentation
- How injuries impact daily activities
Posting on social media can torpedo your case. Insurance companies actively monitor claimants’ social media accounts for any evidence that contradicts their injury claims. That smiling pic of you at a family BBQ? Bingo.
Failing to seek immediate medical treatment also gives insurance companies an easy out. They’ll argue that if you were really injured, you would have sought treatment right away.
When To Hire An Attorney
Ok, so the real question on your mind is when you should actually hire a lawyer for an auto accident claim.
It’s true, you don’t need legal services for every single fender bender. If you have minor injuries, it’s clear who is liable, and the insurance company is making a fair offer and moving quickly, you might be able to handle it on your own.
But there are some times when it’s absolutely essential to have legal representation:
- If you suffered serious injuries requiring ongoing medical treatment or hospitalization
- The case is complex with multiple parties or disputing liability involved
- Involvement of a commercial vehicle (truck, bus, construction equipment)
- Insurance company denying your claim or making an unfairly low settlement offer
- Permanent disability or long-term medical issues are a factor
Talk to an attorney for a consultation. It’s usually free so there’s nothing to lose and usually attorney’s work on contingency so they only get paid if you win.
Bottom Line
Ok, so you have a handle on the auto accident legal process. But here’s the bottom line.
Claimants working with experienced legal representation receive a settlement or award of some kind 98% of the time, compared to just 51% for those representing themselves. And the people who hire lawyers end up getting three times as much compensation as those who don’t.
It’s one of the most important calls you will make after an accident. You know the facts of your case better than anyone. Talk to an attorney who has been through it a thousand times and get some advice. You can always represent yourself in the end if you don’t like their opinion.
Don’t leave your recovery to chance. Take action today to protect your rights and pursue the compensation you deserve.
