| Do
I Really Need an Attorney For Every Potential Claim?
The
short answer is "No". If you are involved in an automobile
accident and it involves property damage only with little if
no personal injury, you may do well to handle the case yourself
or with your own insurance company. If you have collision coverage
your own insurance company will be responsible for paying for
your property damage, minus the deductible. Once your insurance
company has paid your claim, it (your insurance company) has
the right to seek reimbursement or subrogation from the insurance
company or person responsible for the accident.
Your insurance company will not pursue a claim for any personal
injury suffered by you or your passengers. That type claim
will have to be pursued by you. It may be done individually
or through a personal injury attorney. If your physical injury
is minimal i.e. bumps and bruises and resolves in a few days
or a week it may not be worth hiring an attorney to pursue
the claim. For that reason, it is always a good idea to see
a doctor and have a medical records documenting your injury.
If your physical injury involves anything more than bumps
and bruises that resolve quickly it is probably a good idea
to seek the advice of a good and reputable personal injury
attorney. An experienced attorney will know how to properly
evaluate your claim and collect the full measure of your damages.
For example, even if you use sick time to take off from work
the law may allow you to collect that money from the responsible
party under what is called the “collateral source rule”.
Likewise, even if your medical were paid by insurance, an
experienced attorney may be able to have the defendant pay
those expenses as well, even though they have already been
paid by your own personal insurance.
An experienced attorney will know what rules apply to your
particular circumstances and use those rules to your benefit.
Dealing with the insurance company on your own may result
in recovering less than your claim is worth. An insurance
company adjuster’s job is to save the insurance company
money. They have no duty to insure that you recover what your
claim is worth. In fact, their job performance rating is based
on how much they save the insurance company.
Finally, if your claim is minimal you may not need a lawyer
to represent you. The problem is that you may not know the
value of your potential claim until you seek professional
advice. At the very least, talk to a reputable personal injury
lawyer before dealing with the insurance company yourself.
It is the only way you can be sure you get paid the value
of your claim.
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