Should I Get a Lawyer for a Car Accident That Wasn't My Fault?

Relevance of Fault in Car Accidents

Most states use a fault-based insurance system. Under this system, accident victims pursue a claim against the at-fault driver for their losses.

To prove liability, the victim must have evidence that the other driver acted negligently or deliberately in causing their injuries. Although drivers are liable for both negligent and intentional car accidents, their insurers will usually only pay for losses resulting from negligence.

A small number of states use a no-fault system. This system does not necessarily replace the fault-based system. Instead, it carves off certain crashes and forces the injured victims to start with a no-fault claim with their insurer under the personal injury protection coverage.

However, claimants usually shift to a fault-based system if they suffer serious injuries or cannot get adequate compensation through their no-fault coverage. In other words, no-fault insurance typically only covers crashes with minor injuries. The worst car crash injuries still fall under a fault-based system in most no-fault states.

Should I get a lawyer for a car accident that wasn't my fault? In fault-based states, you may need a lawyer in many situations involving these crashes, and in no-fault states, you may still need a lawyer if you shift to the fault-based system due to the severity of your injuries.

Issues That May Require Legal Assistance

No state requires you to hire a car accident lawyer to file an insurance claim. Most states do not even require you to have a litigation lawyer file a lawsuit against a driver after a car crash. In both situations, you have the right to represent yourself in your insurance claim or lawsuit.

However, just because you can file a claim or lawsuit without a lawyer does not make it a good idea. Insurers may use their control over the claim process and their superior knowledge of insurance law and practices to bully claimants into accepting undervalued settlements. Hiring a lawyer may help you understand the value of your claim and improve your chances of receiving a fair settlement.

Some situations in which you should consider hiring a lawyer include:

The Insurer Denied Your Claim

Insurers can deny claims for many reasons, including the following:

• The policy had expired, or the premiums had not been paid
• The driver was not on the insurance policy
• The driver caused the crash but did not act negligently
• Your injuries and losses did not result from the crash

You can respond to a claim denial with additional evidence. For example, if the insurer asserts that its driver was not negligent, you can provide a copy of the accident report saying they ran a stop sign.

However, in some situations, you need to make legal arguments to overcome a claim denial. Thus, suppose an adjuster asserts that the insured driver did not cause your injuries when a hammer flew out of their unsecured toolbox and hit your windshield, causing you to swerve into the median and roll over.

A lawyer can use your state’s case law explaining causation to prove that the failure to secure the hammer was the cause-in-fact and proximate cause of your crash.

Your Claim Has Stalled

Insurers often use delays to frustrate you into dropping your claim or accepting a low-ball settlement offer. If your case stalls, a lawyer can often jump-start settlement negotiations.

Lawyers have an ethical duty to work diligently on client cases. When you entrust an attorney with your case, they will respond promptly to communications from the insurer and try to keep the claim moving forward.

The Adjuster Blames You for the Crash

A common tactic for reducing or eliminating the insurer’s liability is to shift the blame to you. An insurer may try to blame you even when you believe you are not at fault.

In states that use a doctrine called “contributory negligence,” the law bars all compensation for victims who played any role, even a minor one, in causing their accidents. For example, Alabama law can produce harsh results when applying its contributory negligence doctrine.

Most states use a different doctrine called “comparative negligence.” Under this doctrine, the victim can still recover compensation reduced by their share of the blame.

For example, if the insurer believes you were 15% to blame for your crash, you can only recover compensation for 85% of your losses. Louisiana applies a fairly standard version of the comparative negligence doctrine.

In either case, a lawyer can help you fight the attempt to shift blame to you.

Contact ConsumerShield to Learn When to Hire a Lawyer for a Car Accident Case

Although most states have laws to protect claimants, insurers may still use aggressive tactics to manipulate and frustrate them. ConsumerShield helps car accident victims understand their options for dealing with insurers and find a lawyer to help them. Contact us for a free case evaluation and an attorney referral.