One of the decisions you’ll face relatively early on after a car accident is whether to tackle the insurance claim yourself or enlist the help of a lawyer. This seemingly simple question can have a significant impact on the outcome of your case.
All things considered, it would be in your best interest to find the best car accident attorney there is and hand over all the paperwork and negotiations to them.
This option has several benefits with very few drawbacks. For starters, you get to focus on recovering, which is the most important thing at that point. And you can rest easy knowing that your case is in the hands of a meticulous professional who will stop at nothing to ensure that justice and maximum compensation are achieved.
Why Most People Prefer Self-Representation
An estimated 33% of car accident claimants don’t involve a lawyer in their case. One of the leading reasons for this legal independence is the cost of hiring a lawyer. Lawyer fees can range from a contingency fee (a percentage of the settlement) to an hourly rate.
The national average contingency fee for car accident cases is around 33%, according to the American Bar Association. This can be a significant chunk of your compensation, especially for minor claims.
Also, some people simply prefer handling their affairs independently and negotiating directly with the insurance company.
Besides, if the accident seems clear-cut (e.g., rear-end collision with a clear at-fault party and minimal injuries), navigating the claim process might seem manageable.
Another perk is the sense of control. You steer the negotiation process, decide what information to disclose to the insurance company, and ultimately have the final say on any settlement offer. This can be appealing, especially if you’re comfortable navigating legal jargon and advocating for yourself.
Situations When You Can Represent Yourself With Little to No Hassle
While lawyer representation is generally recommended, there are situations where handling the claim yourself might be a possibility. Here are some considerations:
- Minor Accidents with Minimal Injuries: If the accident resulted in minor property damage and no significant injuries, the claim process might be relatively straightforward. You can gather the necessary documentation, file the claim yourself, and negotiate a settlement directly with the insurance company.
- Clear Liability: If fault for the accident is uncontested and the damages are well-defined, there’s less room for negotiation, potentially making it easier to handle the claim yourself.
- Familiarity with Insurance Law: If you have a background in law, you may possess the knowledge and skills necessary to navigate the claim process effectively.
Why Lawyers Matter More Than You Think
Studies consistently show that unrepresented claimants receive significantly lower settlements than those with legal representation. A 2022 report by the Center for Justice & Democracy at NYU School of Law found that claimants with lawyers received an average of $7,500 more than those without one.
If this statistic was not convincing enough, here are more reasons why hiring a lawyer is in your best interest.
Valuing Your Claim
Without a lawyer’s guidance, you might unintentionally undervalue your claim by failing to account for all your damages, both present and future. If this is not done, you will most likely be strapped for cash down the line.
Meeting Deadlines
Insurance companies often have strict deadlines for filing claims. Missing a deadline could jeopardize your entire claim. A lawyer can ensure all paperwork is submitted promptly and accurately.
Rejecting a Lowball Offer
Insurance companies are adept at finding ways to minimize payouts. They might pressure you into accepting a seemingly reasonable offer that falls far short of what you deserve.
Lawyers know negotiation tactics and can counter lowball offers with a strong case for fair compensation.
Proper Case Documentation
A well-documented case is critical for maximizing your settlement. This includes police reports, medical records, witness statements, and photos of the accident scene.
Without a legal background, it can be challenging to gather and organize all the necessary evidence.
Conclusion
Even if you’re leaning toward self-representation, consider scheduling a free consultation with a lawyer. This initial meeting allows you to discuss the specifics of your case and get a professional assessment.
The lawyer can advise you on the potential value of your claim and the complexity of the legal issues involved. This information can empower you to make well-informed decisions.
Source: The Rothenberg Law Firm, New York
