On average, there are over six million passenger car accidents in the United States every year. These accidents may continue to rise significantly alongside the expected increase of drivers and vehicles on the road annually.
This car crash average may also indicate that many are filing insurance claims and lawsuits to get compensated for damages.
It’s understandable to seek legal action against someone who caused a severe accident. However, what if it’s just a minor roadside altercation or a fender bender? Should you still get a lawyer for a minor car accident?
This article explains the need for personal injury lawyers to file claims related to roadside accidents. It also explains how having a lawyer can help you win even in minor accident cases.
Furthermore, this write-up provides the do’s and don’ts when you’re involved in a car accident, no matter how severe or minor.
If you need the help of a legal expert on car accidents, visit PersonalInjuryLawyerSearch.org. Our website provides a vast directory of lawyers and law firms with varied specializations, including car accidents.
You only need to select your state and browse the hundreds of available listings.
Why Do You Need a Car Accident Lawyer for a Minor Accident?
Having a lawyer by your side is always beneficial, even in cases like a minor car accident. A personal injury lawyer can check whether the accident was a fender bender and give you legal advice on how to proceed.
Lawyers can also help you go through the following instances:
- Serious injuries that may need long-term medical treatment, even if the auto accident was considered minor
- Disagreement on who is at fault and the cause of the accident
- Failure to agree on what’s considered fair compensation
- Handling auto insurance claims becomes a hassle, or you don’t know how this legal process fully works
- You need to bring the other driver to court
In car accident claims. Disputes over how much compensation you deserve or who is at fault are common. It’s not unusual that one party may file legal action against the at-fault driver and file a personal injury lawsuit.
Unfortumately, insurance companies don’t want to pay out much, if at all, on insurance claims. This is true even for minor claims.
A personal injury attorney is essential when asserting your legal rights during a car accident case or car accident claims dispute. If you need to find a law firm specializing in personal injuries and car accident cases, visit PersonalInjuryLawyerSearch.org.
What Happens After a Minor Car Accident?
A minor car accident typically involves low-speed car impacts resulting in minor vehicular damage.
Additional characteristics of a minor car accident are the following:
- It cause an immediate threat to a person’s life.
- It causes minor injuries that don’t pose a threat to human life.
- It results in minimal vehicle damage.
However, even if the altercation is considered a minor car accident, damages like the following may still occur:
- Medical expenses or medical bills
- Hospital stays and doctor visits
- Vehicle repair cost
- Prescription medication
- Lost wages due to resulting absence
- Pain and suffering
In a minor car accident, injuries are often minor, although there are cases where hidden injuries may occur.
A hidden injury is a type of injury that goes undetected and often worsens without getting any treatment. These injuries give more reason for people involved in a car crash to seek prompt medical care once available.
What You Should Always Do After a Minor Accident
When you get involved in a minor accident, you should do the following immediately:
- Call the police to report the accident if the property damage totals $500 or more.
- Check yourself and the passengers for injuries.
- Take pictures of the accident, car damage, and your injuries.
- Ensure to exchange names and contact information with the drivers involved in the accident.
- Take the other driver’s license number, insurance information, and plate numbers.
- Get the names of witnesses and other accident victims, contact information, and their testimonials.
- Respond to the police so that they can file an accident report.
- See a doctor as soon as possible.
You’ll need these documents when filing an insurance claim or a lawsuit against a driver at fault.
10 Mistakes to Avoid After a Minor Car Accident
Now that you know what you should do in a car accident, here are 10 things you shouldn’t do and avoid.
- You leave the scene of the accident without reporting it to the police or documenting it.
- You didn’t gather evidence from the accident scene, took as many pictures as possible, didn’t get all contact information, and didn’t ask for witnesses and their accounts of the accident.
- You admitted fault because you thought it was your fault. You didn’t wait and let the police determine who is at fault. You didn’t allow your personal injury lawyer to help you navigate the determination process.
- You didn’t see a doctor after the accident. Some injuries can be hidden from view and become apparent after a few days.
- You didn’t take advantage of the personal injury protection or PIP. This insurance policy covers motor vehicle accident expenses like those incurred due to medical attention.
- You didn’t understand insurance providers and their policies. Remember that these types of companies are still for-profit businesses. It means that the business model of insurance companies is focused on making money, which can lead to processes that limit the granting of personal injury claims.
- You didn’t review the police report filed by local law enforcement. You should check this report and ensure the facts are accurate. You must request changes if there are inaccuracies and shouldn’t sign it without ensuring its correctness.
- You quickly agreed to another party’s car accident settlement offer before determining the true cost or damages incurred. Remember that you’re entitled to a fair settlement in this kind of situation.
- You tried to handle your own case without the help of legal professionals. A personal injury lawyer is crucial in this kind of situation. Never bypass the chance to consult with an experienced legal expert first.
- You didn’t hire a car accident attorney or personal injury lawyer. Don’t hesitate to visit PersonalInjuryLawyerSearch.org to find the right lawyer, attorney, or law firm for your legal needs.
Why You Shouldn’t Wait to Contact a Lawyer
A lawyer is your legal representation and is ready to work for your benefit. The following are reasons why you should always contact a lawyer immediately when involved in a case like a car crash.
Can Attorneys Help You Prove Fault and Liability?
Lawyers can help you go through the investigation by the police or the insurance adjuster on the car accident.
Your attorney will help you gather evidence in a traffic collision to build your case for your insurance claims. Attorneys will take steps to prove liability and negligence.
Your attorney can use the following methods to gather needed evidence for your case.
- Interview witnesses
- Investigate traffic accident reports filed by the police
- Check and survey the accident scene
- Video the accident area
- Check relevant medical records
The “He Said, She Said” Dilemma
Your personal injury lawyer can help resolve who is at fault in a car accident. Also, your legal representation can protect you from the changing statements from other parties guilty of the accident. Lawyers can help you navigate the problem when the at-fault driver blames you for the accident.
The Damages May Be More Than You Think
Even if the accident is considered minor, there are cases where damages may be more than you think. An example is the cost of the vehicle damage, which may be more than what’s visible.
Another example is an injury that doesn’t immediately appear after the accident. One should be wary of those types of injuries and should seek medical attention to avoid unwelcome surprises.
Possible Injuries You May Have Suffered
You might sustain the following injuries when getting involved in a car accident. These injuries should be checked by a physician as soon as possible after an accident to avoid complications in the future.
Soft Tissue Injuries
Muscle, tendon, and ligament injuries are usually called soft tissue injuries. Even at low speeds, a car crash can still result in some injuries that can worsen if not treated promptly.
One example of this is the whiplash injury. Drivers may hit the brakes so hard that the vehicle comes to a sudden stop to avoid a rear-end collision. This action causes the neck to jerk back and forth forcefully.
Symptoms of soft tissue injuries may include the following:
- Neck swelling and stiffness
- Neck pain with movement
- Muscle spasms
- Headaches
- Shoulder pain
- Tingling or numbness in arms
- Memory loss
- Fatigue
Head Injuries
This type of injury is common during a car crash because the head can whip forward and hit something in front, like the windshield or the dashboard, if you’re a front-seat passenger.
Symptoms of head injuries include the following:
- Headache
- Ringing in the ears
- Nausea
- Vomiting
- Drowsiness or fatigue
- Blurry vision
- Confusion
See a Doctor After Your Car Accident
Even if the accident was minor, you should see a doctor after a car accident. Your visit to the doctor can help you not only resolve injuries you may have sustained but also get the proof you need to link your injuries to the accident.
When your legal option is to file a lawsuit against a driver at fault, one piece of evidence you can use is your doctor’s visit and their assessment of your injuries.
Economic and Non-economic Damages
Damages incurred by a car accident victim are based on the expenses that resulted from the crash.
You can divide damages into two categories, which are economic and non-economic.
Examples of economic damages are the following:
- Medical bills
- Lost wages
- Property damage
- Loss of earning capacity
On the other hand, the following are examples of non-economic damages. These damages don’t have a specific bill or receipt to base the exact cost.
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life activities
How Much Is My Car Accident Case Worth?
The total cost of damages you can demand from an at-fault driver or claim with your insurance company depend on your medical bills, car repairs, and other miscellaneous costs resulting directly from the accident.
You may need the help of a personal injury lawyer to determine the exact amount of damages you’ve incurred due to the accident.
Contributory Negligence in Car Accident Cases
Contributory negligence happens when the victim has a part to blame for the accident. It revolves around the idea that if the accident victims acted prudently and without negligence, the accident may not have happened or become worse.
Contributory negligence can be a defense against charges of negligence from other drivers blaming you for the crash.
How Lawyers Protect Your Rights and Interests
When you develop a healthy attorney-client relationship with your legal representation, you can better work on filing claims and lawsuits.
You can achieve this by communicating with your lawyer to help you protect your rights and interests. The following are ways lawyers and attorneys can assist you in claiming your rights as a victim of a car crash in the United States.
Abiding by Civil Procedures
Your lawyer can help guide you through the legal process, preventing you from violating any civil procedures that may jeopardize your insurance claims or lawsuit. Lawyers can help you navigate the technicalities of the law and how one statute relates to another.
Doing the Legal Legwork
Your personal injury lawyer can help you do all the documentation, reporting, and talking to people, the police, and even the insurance company on your behalf. During instances where you need medical help, your lawyer can do all the hard things for you so that you can focus on recovering.
Advocating for Your Rights
Unlike insurance companies, which are for-profit businesses, lawyers advocate for your rights. One reason is that, in many instances, your positive outcome in a legal case also means getting paid. So, lawyers will do their best to win your case or agree to favorable terms.
How Is Fault Determined in a Car Accident?
Who is at fault is determined by investigating who has more liability. One can determine this through this list. Note that this list of behaviors may point out who is liable for the accident.
- Distracted driving, like using the phone while driving
- Failing to use turn signals when changing directions on the road
- Making an illegal turn
- Beating a red light
- Speeding
- Tailgating or following another car closely
You will likely not be liable for the car accident if you’re not guilty of these actions. As a result, your chances of getting a favorable result for your claims are high.
Insurance Companies Won’t Be on Your Side
As mentioned above, insurance providers are for-profit businesses, and they would look for ways to limit payouts and ensure only credible claims are approved.
These companies would treat insurance claims skeptically, especially if the injuries can’t be proven outright.
You must gather evidence to prove your case through the help of a competent personal injury lawyer.
Statute of Limitations for Car Accidents
Under personal injury law, a statute of limitations means the maximum time after an accident within which the court can accept legal cases.
This policy means that as a car crash victim, you have a limited time to file a personal injury lawsuit before the court won’t accept it.
The exact period may vary between states or jurisdictions. However, in most personal injury lawsuit cases, the statute of limitations is typically between one to three years from the time of the accident.
Car Accident Property Damage Claims
Insurance companies do market surveys to check the value of your damaged vehicle. These companies will contact car dealers, check their ads, and find out the selling price of cars like yours.
The insurance company then provides a base estimate on your vehicle, which they’ll use to determine whether your claim can be granted.
Should You Talk to the Insurance Company?
It’s best to confide with your personal injury lawyer before you talk to an insurance provider and file an insurance claim. Your attorney can help you gather the needed evidence to build your claim. Legal experts can also guide you on the right decisions to make and the correct statements to give.
Personal Injury Protection (PIP) Claims
The PIP, also known as “no-fault insurance,” is a part of a car insurance plan covering the medical expenses due to a car accident. PIP insurance covers drivers, passengers, and uninsured individuals’ medical expenses.
No-fault insurance means drivers involved in a car accident don’t need to determine who’s at fault. They can head to their insurance company and get covered regardless of who caused the crash.
In states that have no-fault laws, each party involved in a car crash relies on their PIP policy to get the coverage they need to pay off injuries and damages they and their passengers sustained.
However, the PIP has limits because these policies typically cover a limited number of people in an accident. The driver’s health insurance or other applicable policy will cover the remaining balance if the medical bill exceeds the PIP coverage.
Minor Car Accident: Can You Deal With It on Your Own?
As mentioned again and again in this article, even if the accident is considered minor, it’s best if you have the services of a personal injury lawyer to help you. There are legal processes that you might not be aware of, which a lawyer fully understands.
Consult With a Car Accident Lawyer
If you need the help of a legal expert on car accidents, visit PersonalInjuryLawyerSearch.org. Our website provides a vast directory of lawyers and law firms with varied specializations, including car accidents.
You only need to select your state and browse the hundreds of available listings near your area.
Car Accident FAQs (Frequently Asked Questions)
1. Can I still file a claim if I only sustained minor injuries?
Yes, you may. However, you should contact a lawyer first to help determine the full extent of the damages before filing a claim.
2. How involved do I have to be if I file a claim?
Once you have legal representation, you can have your lawyer do most of the work to file a claim or a lawsuit. Your lawyer will confide with you when your involvement is required.
3. When should I hire an attorney after being in an accident?
Consider hiring a lawyer once you’re involved in a car accident. Many things may occur during an accident determination, which can go against your favor if you’re not careful. A lawyer or attorney can protect you from being taken advantage of.
4. Is it necessary to hire a lawyer for a car accident injury when the other party is at fault?
Yes, your lawyer can help you determine the full extent of your sustained damages. They will then use this information to file the necessary lawsuit or insurance claim against the at-fault driver for you to receive fair compensation.
References
- Contributory negligence
https://www.law.cornell.edu/wex/contributory_negligence - Insurance Claims After an Accident: The Basics
https://www.findlaw.com/injury/accident-injury-law/insurance-claims-after-an-accident-the-basics.html - Personal Injury Protection: What it is, How it Works
https://www.investopedia.com/terms/p/personal-injury-protection-pip.asp