been in an accident that wasn't your fault when to get an attorney

by Carlie Zieme 4 min read

The short answer is “yes.” The reasons you should get a lawyer, even though you’re not at fault, include the following: 1. You could face the risk of financial losses without an attorney 2. You could receive less compensation for vehicle damage from your insurance company without a lawyer.

The rule of thumb is this: You can submit a claim if you want and get some money back but if you have serious injuries, you should hire an attorney. By “serious” we mean any injury that will require you to miss any time from work.Jan 19, 2022

Full Answer

What happens if I'm not at fault in a car accident?

Feb 18, 2020 · You may be wondering “should I get a lawyer for a car accident that wasn’t my fault?” The short answer is “yes.” The reasons you should get a lawyer, even though you’re not at fault, include the following: 1. You could face the risk of financial losses without an attorney. 2.

Who do I call after an accident that wasn't my fault?

If you have been involved in a car accident that was not your fault, you may think you do not need legal counsel. However, hiring a lawyer is a good idea if you are hoping to get compensation for injuries or repairs, and want to be sure that you can avoid liability for the crash. Depending on how serious the accident was, you may need to bring your vehicle to the shop, visit a doctor for …

Who is liable for my car accident?

Post your question and get advice from multiple lawyers. Read expert articles by lawyers Better understand your legal issue by reading guides written by real lawyers.

What are my legal options after a no-fault car accident?

Sep 10, 2019 · If you’ve been involved in a car accident that was not your fault, the other party’s insurance company is only required to pay out their insured party’s limits of liability. Therefore, if the damages you endured are greater than that amount, you have every right to pursue a personal lawsuit against the other party.

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Keep Things Close to Your Hip

Keep Things Close to Your Hip#N#Don't provide the insurance companies more than is necessary. If you are planning on making a claim, it is best to complete your treatment and then present your case in one organized settlement offer or demand. The Insurance companies will try to resolve the matter as quickly as possible and will require a release.

Be Realistic

Be Realistic#N#Be realistic in your expectations. This can work both ways.

Hire an Attorney

Hire an Attorney#N#This is not always necessary, and may not be immediately apparent, but there are plenty of studies and plenty of people who will confirm that people who have attorneys will get more money and will have a generally better experience. As stated above, it makes life a lot easier the sooner an attorney is involved.

What happens when you call an insurance company to file a claim?

Upon calling an insurance company to file your claim, you may face some resistance from them to admit fault even when the police report has cleared you and the accident was not your fault. Insurance companies do not always side with police reports and, instead, conduct their own independent investigation into how the accident took place to determine how reimbursement amounts are appropriate. Insurance company investigations are conducted by taking extensive account of both sides of the accident and using complicated questioning tactics that can at times confuse the person being questioned. With having to contact the right person, being placed on hold, and spending extended periods of time repeating the same information to both insurance companies, this is a long process that can cut into your life.

Can I talk to an insurance company on my own?

Because of these circumstances, it is not always the best avenue to talk to an insurance company on your own. An Arizona attorney experienced with insurance companies’ tactics can better maneuver through these conversations with more ease and keep your insurance claim reimbursement from being cut short. If you have suffered from a car accident, don’t be left at the mercy of insurance company decisions.

What can an attorney do to help insurance companies?

An attorney can skillfully negotiate with the insurance companies to cover all of the expenses that you incurred due to the accident. Collecting evidence to support your case is an important step in this process. Because the attorney wants to compensate your case as fairly as possible, a wide variety of factors and expenses are taken into account to present to the insurance company.

Can you get reimbursed for medical expenses?

Any medical expenses brought on by the accident can also be reimbursed when filing a claim. This is helpful for any person to avoid being sunk by unexpected medical bills, but can tighten a budget until the reimbursement takes place.

Can you sue someone for hospitalization?

No matter how serious your injuries were, no matter if you were hospitalized for weeks, you cannot sue the at-fault party. You cannot sue for the lost wages that resulted from your treatment and hospitalization. The same is true even if you lost the capacity to work because of the injuries that you sustained from the accident.

Can you be sued for being uninsured?

This is perhaps the harshest part of the law. If you get involved in an accident and are uninsured, you can get sued even if the other party is clearly at fault.

How to file a claim for a car accident?

You’ll need to collect several pieces of information at the scene of the accident. This information will help you as you move through the insurance claim process. Before you leave the scene, make sure you have the following information: 1 The other driver’s name and contact information 2 The names and contact information of passengers in the other driver’s car 3 The other driver’s car insurance company and policy information 4 The make, model and color of the other driver’s car 5 The names and contact information of witnesses to the accident 6 The responding police officer’s name, contact information and badge number

What happens if you are not at fault in an accident?

If you weren’t at fault in an accident, you also have the choice to file a claim with the other driver’s insurance company, called a third-party claim. In a third-party claim, the other insurance company will pay for your car repairs once it determines their driver was at at-fault. The other company will also pay for medical expenses, ...

How long does it take to get compensation for a car accident?

Next, your body may need repairs, which can also take several weeks or even months. If you’re injured in a car accident that wasn’t your fault, collect all the documentation related to your medical care. Ask for a copy of your medical records, physician notes ...

Is Florida a no fault state?

Florida is one of 12 no-fault states, which means you must use your own personal injury protection coverage to pay for injuries. If your injuries are more severe than what your insurance covers, you can sue the at-fault driver directly.

What to call insurance after an accident?

The safest bet is always to call your own car insurance company after an accident. They can tell you what kind of coverage you have for personal injury, collisions, damages and medical expenses. You may also have uninsured motorist coverage you can use if the other driver doesn’t have insurance. Depending on the services you need, your insurance ...

How long does it take for a car accident to show symptoms?

It may be several hours or even days before pain, symptoms and injuries appear. Delayed presentation is common for car accident injuries like whiplash, concussions, spinal damage or soft tissue injuries. It’s also critical that you see a doctor and get tested for internal injuries and fractures.

Can a concussion cause permanent brain damage?

Untreated whiplash and spinal injuries can cause chronic pain in the future, while untreated concussions may cause permanent brain damage . Instead, call a medical practice that has the training and experience to treat car accident injuries.

Why is no fault insurance important?

Proponents of no-fault insurance like that it allows drivers to deal with their own insurance company when they are injured in a car accident. The traditional method of determining blame forces accident victims to prove their injuries to another driver’s insurance company.

What is PIP insurance?

No-fault state car insurance, also known as a personal injury protection (PIP) policy, is required in many states, including Florida. It is designed as a way to provide compensation quickly for car accident victims through their own insurance. This compensation is there regardless of fault in the accident.

How long do you have to wait to file a PIP claim in Florida?

In Florida, you must seek medical treatment within fourteen days in order to be eligible for compensation through your PIP policy.

When did Florida change its no fault insurance law?

The reforms to Florida’s no-fault insurance law that were passed in 2012 and implemented in 2013 reportedly caused a significant reduction in the number of fraudulent PIP claims that the state receives.

Does Florida have no fault insurance?

In addition to a no-fault car accident insurance system, Florida also has a system of pure comparative negligenc e that applies to personal injury lawsuits. What this means is that even if the other driver had some blame for the accident, they can still seek compensation from you in the event of serious and permanent injuries.

What is PIP coverage?

Damage to your car and other property or the other driver’s car or property. The bodily injuries of the other car’s occupants. The bodily injuries of adult passengers in your vehicle or adult friends who have borrowed your car provided they have their own PIP coverage and are not named on your policy.

Can a car accident cause permanent damage in Florida?

In the event that you are involved in an accident that causes severe and permanent injuries then you will likely benefit from hiring an experienced car accident lawyer to assist you. Car accidents can easily end up causing damages that vastly exceed the coverage your own policy can handle. Luckily, situations such as these provide an exception to Florida’s no-fault rules so that those severely harmed by another party’s negligence in a car accident have the ability to seek the compensation they need and deserve.

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