Most states use a fault-based insurance system. Under this system, all registered car owners in the state must buy auto liability insurance. This insurance pays accident victims when the driver causes a car accident.
But pursuing a liability claim is not easy. Insurers have a legal duty to pay valid claims, yet they also have a financial incentive to pay as little as possible. As a result, you will often need to battle a claims adjuster to get a fair settlement in your case.
When you’ve been injured in a car accident, you need the expertise of a skilled car accident lawyer to successfully navigate the legal and insurance complexities that can result.
How Auto Liability Insurance Works
Auto liability insurance is designed to protect other road users. When you get injured in an accident, your liability insurance will not pay for your injuries. Instead, you must file a claim against the at-fault driver’s auto liability insurance policy.
The state sets the minimum amount of coverage required. For example, Illinois requires drivers to carry at least $25,000 in bodily injury liability (BIL) coverage per person and at least $50,000 in BIL coverage per accident.
When you file a claim against the at-fault driver’s liability policy, you will need to document your losses. An insurance adjuster will investigate your claim and either pay or deny your claim.
To pay your claim, you must prove the other driver acted negligently in causing your accident and that you sustained losses as a result.
When To Hire a Car Accident Lawyer
You will not file a claim after every crash. If an accident caused no injuries, you likely have no basis for filing an injury claim. If you did suffer minor injuries, but those injuries did not require any medical treatment or force you to miss work, you may lack the financial losses to justify a claim.
But any time you need injury compensation to pay your medical bills or reimburse you for lost wages, you should consider hiring an accident attorney for your claim. A lawyer can help you assess the value of your case so that you receive fair compensation for your losses.
Even if you choose to start your claim without hiring a lawyer, you should still consider hiring a lawyer when you face some specific issues, such as:
The Driver Lacked Car Insurance
Almost every state includes every driver’s insurance information on the crash report. If you receive a crash report indicating the other driver lacked insurance, you may need a car accident lawyer. This happens more often than you might think. According to a 2019 survey, 12.6% of drivers in the U.S. lack liability insurance.
When the at-fault driver has no liability insurance, you must get compensation directly from them. In most situations, this means you must file a lawsuit against the driver.
A car accident lawyer can prepare the lawsuit and file it in the appropriate court. The lawyer can try to negotiate a settlement with the other driver. If the lawyer cannot settle the case, they can secure a judgment and pursue all means possible to collect on it. Some of the mechanisms lawyers can use to collect a judgment include:
- Garnishing wages
- Levying bank accounts
- Requesting seizure and sale of property at a sheriff’s auction
If you were involved in a car accident with an uninsured driver, you should meet with a lawyer to learn your options for pursuing compensation.
You Suffered Severe Car Accident Injuries
The losses you can recover in an injury claim include your financial losses—such as medical expenses and lost wages—and non-financial losses, including pain and suffering. When a car accident causes severe injuries, you may need a lawyer to help you assess the value of your claim so that you get fully compensated for your losses.
For example, you can pursue compensation for your past and future losses. If you only claim your past losses, you will need to bear the cost of any future medical treatment. Worse yet, you will not be reimbursed for future income losses from long-term disabilities.
A lawyer can use your financial records, such as medical bills and pay stubs, to make sure you account for every loss in your injury claim.
Your Car Accident Claim Was Denied
Insurers can deny claims for many reasons, including:
- The policyholder did not cause the accident
- The accident did not cause your injuries
- Your injuries did not cause your losses
To get compensation, you must prove negligence. The at-fault driver must have caused your accident through a failure to exercise reasonable care. If the claims adjuster can shift blame to bad weather, slick roads or another driver—including you—they can deny your claim.
A car accident lawyer can use crash reports and witness statements to keep the blame on the at-fault driver.
Insurers can also deny a claim if they believe your injuries were pre-existing conditions. But an injury lawyer can use your medical records to establish that your accident either caused your injuries or worsened your pre-existing conditions. Both of these types of injuries can be compensated under the law.
You Received a Low Settlement Offer
Claims adjusters do not work for you or the at-fault driver. They work for the insurance company and will act primarily to protect its financial interests. This means the insurer will almost always offer a settlement far below the value of your case.
A lawyer can negotiate with an insurer to get a better offer. Law schools train lawyers to do so effectively. And an experienced injury lawyer will have hundreds or even thousands of cases with negotiated settlements. This training and experience will help you get the best possible outcome in your insurance claim.
Hiring a Car Accident Lawyer
Most injury lawyers offer a free consultation to new clients. You can speak to a lawyer without any obligation or fee to learn what they can do in your case. If you choose to hire the law firm on a contingency fee basis, an attorney can begin working on your case immediately without any upfront fees.
Lawyers have the knowledge, training and experience to get fair and just compensation for your injuries. By hiring a lawyer for your car accident claim, you can greatly increase your odds of successfully obtaining the compensation you deserve.
Muhammad Ramadan is the founder of Attorneys of Chicago Personal Injury Lawyers dedicated to advocating for injured victims in Chicago. He has successfully secured millions of dollars in compensation for his clients. Contact us for a free consultation today.
