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The Accident Guidebook: Accidents, Insurance, and the Prepared Consumer


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Chapter Five – Do you need an attorney?

It””s a fair question. If you don’t need a lawyer, why pay a lawyer? The answer to the question, however, again is “It depends.” It depends on how complicated your case is, it depends on how strong or weak your case is, and, if you tackle things yourself, it depends on how much paperwork you are willing to handle.
Property Damage Claims
If you are in an automobile accident and the only harm you suffer is property damage to your car, you probably do not need a lawyer. In most cases, the repairs needed are fairly clear and the insurance company pays the repair shop and any car rental fees, and you’re done—the case is closed. If your car is a total loss, the valuation of the car is, in most cases, a pretty straightforward assessment and the damages are paid. Again, the case is done. If you are injured and your
injuries are minor, the insurance company for the defendant will make an offer, and if the offer is good enough for you, then you don’t need me to represent you. You can settle the case for a small amount of money and life goes on.
Complexities in Accident Cases
If your case is more complicated, you will probably benefit by calling me and retaining me to represent you. If there is a dispute over liability—that is, who is responsible for causing an accident—you probably need me. I have the knowledge of liability issues and the resources to conduct research and formulate arguments to support your side. Otherwise you will be left dealing with an insurance adjuster who will tell you that it’s not their insured party’s fault, and 167 tough luck for you. I frequently deal with accident cases in which the insurance company denies responsibility for the defendant and we file suit, pursue the case in court, and then settle or go to trial. These types of cases are usually better off in the hands of an attorney from the beginning of the case in order to allow me to properly pursue your case. In many cases there are multiple levels of insurance through different insurance companies. In these instances you will probably be better off having an attorney handle your case.