When To Hire an Attorney After a Minor Car Accident

Fender benders happen daily, and chances are you’ll eventually be involved in one at some point. Whether another driver taps your vehicle in a parking lot or is overeager at a stop sign and accidentally bumps your rear fender, these types of accidents rarely cause injuries.

Instead, they are minor annoyances that typically involve exchanging insurance information and everyone continuing on their way. However, there are times when you want to involve an attorney after a minor car accident.  Here’s a look at when you want legal representation and when it’s probably not necessary.

When a Lawyer Probably Isn’t Necessary

Every car accident is unique. However, sometimes, it’s pretty easy to determine if hiring an attorney may be a waste of money. For example, the damage to your vehicle is only $3,000 to repair, and the attorney’s fees are around $5,000. Even if the insurance claim only covers a portion of repair costs, hiring a lawyer doesn’t make any financial sense.

Here are a few other times when your auto accident probably does not mean you need legal representation.

The Car Accident Did Not Result in Significant Injuries

Any type of car accident is unsettling, even minor fender benders in parking lots. However, filing a lawsuit against the at-fault driver for frayed nerves is not a case you want to take to court. You do not even want to involve the insurance companies to pay for your therapy.

You will be fighting a losing battle that will only end up costing you time and money in court and attorney fees. In some cases, the court may even decide you’re responsible for paying the defendant’s legal fees.

When it comes to fender benders or other types of minor property damages, the insurance adjuster can usually settle the claim to your satisfaction.

Neither Involved Party is Seeking Compensation

Some accidents are so minor it’s hard to discern any damage to your or the other driver’s vehicles. Both drivers may decide to forego alerting their insurance companies. In this situation, an attorney is unnecessary. Neither party is seeking compensation, and both drivers just want to get on with their lives. In this type of car accident, you probably aren’t even going to bother filing a police report.

You are the At-fault Driver

You may think this is going against all legal advice, but you do not always need an attorney when you’re the at-fault driver. However, this changes when the accident is severe. Injuries and property damage from serious auto vehicle accidents often require assistance from a lawyer.

When it comes to minor car damage, your insurance company will take care of the settlement with the other driver. Your insurance rates may go up as the at-fault driver, but the chances of the case going to court are slim to none. Chances are, the other driver simply wants to repair the minor damage to their vehicle and forget about the accident.

When You May Want to Hire an Attorney

Sometimes, even minor car accidents mean hiring an attorney to protect your legal rights. Here are a few examples of when you may want to get legal advice.

The Car Accident is Not Your Fault

Occasionally, you may get into a minor accident where you want to seek out advice from an attorney to help protect your rights. The other driver may be contesting who’s at fault, or their insurance is refusing to settle your claim.

When this occurs, it’s helpful to have an attorney on your side—however, be careful to weigh the financial pros and cons. Remember, sometimes, an attorney’s retainer fee is higher than the amount you’re asking for.

The Accident Resulted in Injuries to Yourself, the Other Driver, or Both

Anytime car accidents result in injuries, you should have legal representation to ensure your rights are respected.

Unfortunately, some drivers may try to exaggerate the extent of their injuries, and insurance companies can attempt to dispute your claims. Trying to settle with a reluctant insurance company is time-consuming and frustrating. If your case ends up going to court, you need someone who understands the ins and outs of the legal system.

You deserve compensation for your injuries, and this also applies to the other driver. However, you do not want to end up paying more than the other driver deserves. Your attorney will protect your rights and ensure your case is settled fairly for everyone involved.

The Insurance Company Gives You a Low Settlement Offer

Simply put; insurance companies do not like paying out money in settlements, so try to think of their reluctance as an unwritten rule. Insurance adjusters typically present a low initial offer in hopes of reaching a settlement quickly that’s favorable to the insurance provider.

You have every right to accept the first offer you receive. However, if you do, your case is considered legally settled and closed, which means if your medical or repair bills are higher than the settlement amount, you cannot go back later on and try to ask for more money.

Almost every personal injury attorney will advise you against accepting the first settlement offer the insurance company offers. Instead, take your time and gather all of the evidence to prove your case deserves a higher award, which may mean taking your personal injury case to court, but it’s often worth it in the end.

Steps to Take if You Plan on Hiring a Personal Injury or Accident Attorney

If you plan on hiring an attorney after your minor car accident, you can take a few steps to make the process go a little more smoothly.

If possible, try to take photos and videos of the damage at the accident scene. You will also want to get the other driver’s information, which includes their name, address, and insurance info. If there are any witnesses of the accident, then go ahead and get their information.

Your attorney will want to speak with them. You will also want to get copies of the police report and your medical information. Your attorney will use this as they present your case.

Some Minor Accidents May Require Legal Assistance

Hopefully, your minor accident doesn’t require any legal assistance, and you can focus on fixing your vehicle and dealing with their injuries, if there are any. However, sometimes, you’ll need to retain legal representation to help ensure you’re properly protected.

Remember, do not accept any settlement offers if you plan on hiring an attorney. You should always wait until you speak with an attorney before taking any definitive action in your case.

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