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Even if it seems that the other driver is completely at-fault for causing an accident, it is essential to hire an attorney to represent you. Fault can change. Everybody can agree at the scene of the accident that it was the other party’s fault, but stories can change overtime. There are numerous instances where the driver will tell their insurance company that they’re not at fault and that you’re at fault. At the time of the accident it may seem like they are at fault, but when you get the police report back, it will say that it’s your fault, not the other party. It’s important to keep in mind that there could be errors in the police report.
Even if the other party’s fault, there are damages that still must be decided. Your damages are going to be comprised of medical bills, lost wages, pain and suffering, etc. All of which can be denied by the other party or defendant. They can say that your medical bills are X, but they’re not going to pay that much. You would have to contend with that. You would also have to deal with the value of pain and suffering. Most likely, the other party is going to say that it’s less than what you’re asking. Then, you have to make sure that you receive proper care and documentation of all of your injuries. All of that has to be properly presented to the insurance company. That way, you can get the maximum value during the negotiations.
In most jurisdictions in California, if you have any health insurance that was used to pay for any of your medical bills, the health insurance carrier will assert a lien on your case. They’ll want you to pay them back. An experienced attorney will know how to negotiate those liens down, thus maximizing your net recovery. Therefore, just because everyone’s saying that it was the other party’s fault, there are a lot of things that need to be considered before you get your net recovery.
If you hire a personal injury attorney for your car wreck case, the insurance company will usually take you more seriously. Most insurance companies have an entirely different team of adjusters that are dedicated to claims once an attorney comes into the case. Some insurance companies have certain adjusters that are only used for settling cases quickly when people who do not have attorney representation. They try to settle those cases quickly in order to pay out as little as possible. People don’t even realize how much their case is truly worth at the moment. By the time they settle and find out what their injuries are, it is too late. That will be the end of it.
Typically, there’s a separate set of adjusters once an attorney gets involved in a case and files a lawsuit. Consequently, insurance companies will take your case more seriously if an experienced attorney is brought into the case.