Motor Vehicle Insurance: When To Hire A Lawyer

Motor vehicle accidents can leave victims with serious injuries and financial strain. When an accident isn't your fault, you may be entitled to compensation for damages. However, navigating insurance claims and legal matters can be complex, and this is when retaining an attorney can be beneficial.

An attorney can handle all aspects of your case, allowing you to focus on recovery. They will investigate and build your case, negotiate with insurance companies, and ensure legal deadlines are met. They can also help maximise your compensation, as they are often paid on contingency—meaning they are incentivised to get you the highest payout.

Additionally, insurance companies may try to devalue or deny your claims, and an attorney can protect you from these tactics. They will handle all communications and be present if the insurance company needs to speak with you directly.

While retaining an attorney is a personal choice, it can be a worthwhile investment to ensure your rights and interests are protected.

Personal injury

When it comes to motor vehicle accidents, it is always a good idea to seek legal advice, even if no injuries are present. If you have sustained injuries, it is important to retain a lawyer as soon as possible. Here are some reasons why:

Positive for Your Health and Well-being

Attorneys handle every aspect of the case, from gathering evidence to negotiating with the other side. They will obtain your medical records and speak to the insurance company. This allows you to focus on your recovery, which is beneficial for your health and well-being.

Maximizing Your Compensation

Attorneys will investigate and build your case to determine what your claim is worth. They are incentivized to maximize the payout as they are often paid on a contingency basis. Without an attorney, you may settle for less than what your claim is worth. They will also ensure that all avenues for financial recovery are explored.

Protecting You from the Insurance Company

Insurance companies often employ tactics to devalue or deny your claims. They may delay processing your claim, pressure you to give a recorded statement, twist your words, or pressure you to settle for less. An attorney will handle all communications with the insurance company and protect your interests.

Meeting Legal Deadlines

Handling Complex Cases

If your accident resulted in long-term or permanent disabilities, you will need an attorney. Such injuries can affect your quality of life and your ability to work, and may lead to future medical expenses and complications. Proving these types of injuries is complex and challenging, and an experienced personal injury attorney can help.

Dealing with Disputed Fault

If the fault for the accident is in dispute, an attorney can help you provide evidence and prove that the other driver was at fault. They can assist in gathering evidence, such as witness statements and police reports, to strengthen your case.

Reviewing Settlement Offers

An attorney can review any settlement offers from the insurance company to determine if they are fair. If the offer is too low, they can negotiate on your behalf to raise the settlement amount. If an agreement cannot be reached, an attorney can file a lawsuit on your behalf.

Court Representation

If your case goes to court, an attorney can provide valuable representation. They understand formal court rules, protocol, and technical rules of evidence, ensuring that you are fairly represented throughout the litigation process.

In summary, retaining an attorney for personal injury claims arising from motor vehicle accidents is crucial to protect your rights and maximize your compensation. They will guide you through the complex legal process, allowing you to focus on your recovery.

Wrongful death suit

Motor vehicle accidents can result in wrongful death, which is defined as the sudden and unexpected death of a person due to the wrongful act of another individual. In such cases, certain surviving family members or a personal representative of the deceased's estate can file a wrongful death lawsuit to seek compensation for their losses. Here are some important considerations regarding wrongful death suits:

When to Retain an Attorney

It is advisable to retain an attorney as soon as possible after a motor vehicle accident resulting in a wrongful death. They can guide you through the complex legal process and ensure that your rights are protected. Most personal injury lawyers work on contingency, meaning you don't have to pay anything upfront, and they are incentivized to maximize your compensation.

Who Can Sue for Wrongful Death?

The specific individuals who can file a wrongful death lawsuit vary by state but generally include the deceased's spouse, parents, or a representative of the deceased's estate. In some states, only specific family members, such as a spouse or children, are allowed to file certain types of wrongful death cases, such as those stemming from medical malpractice.

In a wrongful death claim, the family or personal representative of the deceased can seek compensation for various damages, including:

• Medical bills incurred by the deceased before their death
• Pain and suffering experienced by the deceased
• Loss of the deceased's future income
• Funeral and burial expenses
• Loss of companionship or consortium
• Punitive damages (in some states) to punish the defendant for intentional or grossly negligent conduct

Proving Wrongful Death

To succeed in a wrongful death claim, the plaintiff must prove that:

• The defendant behaved negligently or committed an intentional wrongful act
• Their actions directly caused the death
• There are damages associated with the death

Statute of Limitations

It is crucial to be mindful of the statute of limitations, which sets a time limit for filing a wrongful death lawsuit. This deadline varies by state but is typically between one and four years from the date of death. In cases of medical malpractice, the time limit may start running from the date when the malpractice was discovered or reasonably should have been discovered.

Question of fault

When it comes to motor vehicle accidents, determining fault is crucial for establishing liability and insurance coverage. Here are some key considerations regarding the question of fault:

Evidence and Investigation:

• Accident reports and witness statements play a vital role in establishing fault. Police reports document the details of the accident, including the sequence of events, vehicle damage, and witness testimonies.
• Accident reconstruction specialists can be employed to recreate the scene, analyse evidence, and help determine fault.
• Gathering and preserving evidence such as surveillance footage, vehicle damage photos, and medical records is essential for supporting your claim.
• In some cases, liability may be clear and evident, making it easier to establish fault.

Insurance Company Tactics:

• Insurance companies often employ tactics to minimise their payouts. They may delay processing your claim, pressure you into providing recorded statements, or try to get you to accept a quick, low settlement offer.
• Having an attorney can protect you from these tactics. They will handle communications with the insurance company and negotiate on your behalf to ensure you receive a fair settlement.

Comparative Negligence and Contributory Fault:

• In some states, comparative negligence laws apply. This means that if you are partially at fault for the accident, your compensation may be reduced accordingly.
• Contributory negligence laws vary by state, and an attorney can help you understand how they may impact your case.

Statute of Limitations:

Each state has its own statute of limitations, which sets a deadline for filing a lawsuit after an accident. An attorney can help you navigate these deadlines and ensure your claim is filed on time.

Settlement vs Litigation:

• In many cases, a satisfactory settlement can be reached without going to court. Attorneys skilled in negotiation can advocate for your best interests and secure a fair settlement.
• However, if a fair settlement cannot be reached, an experienced attorney will guide you through the litigation process and represent you in court.

Remember, the question of fault can be complex, and it's always a good idea to consult with an attorney to understand your rights and options. They can provide valuable expertise and protect your interests throughout the claims process.

Multiple parties involved

When multiple parties are involved in a motor vehicle accident, it's important to determine who is at fault and to what degree. This can be a complex process, as each party may have a different version of what happened and may try to shift blame onto others. To protect your interests, it is crucial to hire an experienced personal injury attorney who can effectively handle multiple insurance companies simultaneously and build a strong case on your behalf.

In a multiple-party accident, each party may be assigned a percentage of fault for the damages you are seeking. For example, if there are three culpable parties and it is determined that Party A is 50% at fault, Party B is 30% at fault, and Party C is 20% at fault, you would receive the full amount of your damages, with each party contributing according to their percentage of fault.

However, if one party is unable to pay their share, you may not be permitted to seek additional compensation from the other parties, as courts may not hold the defendants jointly responsible for the damages. This makes it crucial to have a skilled attorney on your side who can navigate the complexities of these cases and ensure your rights are protected.

To determine fault in a multiple-party accident, your attorney will need to conduct an extensive review of the details and circumstances, including police reports, accident reports, witness statements, and statements made by those involved. They will also need to negotiate with the various insurance companies involved to ensure you receive a fair settlement or award.

In summary, when multiple parties are involved in a motor vehicle accident, it is essential to retain an experienced personal injury attorney to protect your interests, determine fault, and ensure you receive the compensation you deserve.

Protecting your legal rights

Motor vehicle accidents can have serious and long-lasting impacts on victims, affecting their health, finances, and overall quality of life. Here are some key steps to protect your legal rights and ensure you receive fair compensation:

Understand Your Rights

It is crucial to know your legal rights after a car accident. You have the right to receive appropriate medical care and seek compensation for any injuries, damages, lost wages, and other accident-related losses. Understanding your rights can help you navigate the complex legal system and ensure you receive the compensation you deserve.

Seek Medical Attention

Your health and well-being should be the top priority after a car accident. Seek prompt medical attention, even if you don't feel injured, as some injuries may have delayed symptoms. Follow your doctor's recommendations and restrictions to support your injury claim and avoid complications.

Document the Accident Scene

Gather evidence at the accident scene, including witness testimonies, police reports, and photographs of the scene, vehicle damage, and injuries. This documentation will strengthen your claim and provide valuable evidence for insurance adjusters and attorneys.

Report the Accident

In some states, such as South Carolina, you are legally obligated to report a car accident, especially if it results in significant property damage, injuries, or death. File an official police report, as it carries weight with insurance companies and can serve as valuable evidence for your case.

Gather Information and Evidence

Build your case by gathering evidence such as police reports, medical records, witness statements, and employment records. An attorney can assist in accessing databases and sources of information to help you construct a strong case.

Consider Legal Representation

Retaining a lawyer can be beneficial, especially if your accident involved injuries, property damage, missed work, or complicated insurance claims. A lawyer can handle communications with insurance companies, negotiate on your behalf, and ensure legal deadlines are met. They work on contingency, so you only pay if you receive compensation.

Be Patient and Persistent

Dealing with insurance companies requires patience and persistence. Stay professional and follow up regularly on your claim. Don't settle too soon, as it's important to understand the full extent of your losses before accepting an offer.

Frequently asked questions