accident.com logo
Free Consultation
Calipso
Intro
Home
drop down icon
Home v.1Home v.2Home v.3Home v.4Home v.5Coming Soon
Pricing
drop down icon
Pricing v.1: ComparisonPricing v.2Pricing v.3Pricing v.4
Blog
drop down icon
Blog v.1: List & SidebarBlog v.2: Grid & SidebarBlog v.3: Big GridBlog v.4: Medium GridBlog v.5: Small GridBlog Post
Pages
drop down icon
Contact v.1Contact v.2Privacy Policy404 PageProtected PageStyle GuideLicensingChangelog
Components
drop down icon
FeaturesCall to ActionTestimonialsPricing TablesFooters
Homebread crumbs arrowResource Centerbread crumbs icon Legal Resources for Car Accidentsbread-crumbs arrow
Post
Legal Resources for Car Accidents

Do I Need a Lawyer After an Accident?

3 min read
star icon
twitter sharing icon
...
facebook sharing icon
email sharing icon
Laura G

If you can't get fair payment for a car accident that wasn't your fault, you may need to go to court. Handling your case alone while dealing with injuries and stress is not a good idea. Hiring a lawyer is a smart decision that can save you a lot of energy.

In a no-fault state, your insurance company will pay for your injuries even if the accident wasn't your fault. The other driver's insurance will pay for damage to your car and any property. In a tort state, the at-fault driver's insurance would cover all your injuries and damages.

‍Call (855) 943-5556 For a Free Case Consultation Today

Some states will divide fault if both drivers caused the accident. The insurance companies will pay for certain parts of the damages. For example, if one person is 70% responsible, their policy will pay for 70% of the total. In other states, if one driver is caused more than 50% of the accident, their policy pays for all the damages.

To get the claims process started faster, most drivers who are not at fault will ask their own insurance company for payment. To get a payout, they have to pay their deductible, but they'll get that money back when they prove the accident wasn't their fault. This can take from a few weeks to a few months.

Fault matters in an accident

The police usually decide who caused an accident. Insurance companies use the police report to decide who gets payment. If you're careless, break traffic laws or drive dangerously, you could be blamed for an accident.

A rear-end collision is a common accident type. The car in the back is almost always blamed. Sadly, it's very hard to prove it was the other driver's fault without strong proof, like video.

Fault in an accident will affect your monthly insurance payments. Your payments normally won't change if you are not at fault. If you are, the average increase is 31%. But some states raise payments even more. In California, they go up an average of 92%.

How to know when to sue

If you don't know whether to sue the other driver after a car accident, you probably should, especially if you were hurt in the accident.

Sometimes the damages and injuries are more than what the insurance company will pay. The only choice is to sue for more money. You will need a lawyer to help you understand the law.

At first, your lawyer will file suit against the other party. Parties often agree on a payment they think is fair. When this happens, there won't be a trial. But if they can't agree about payment or who was at fault, there will be a court case. For small amounts of money, the case will most likely be sent to small claims court. For larger payments, there will be a full trial complete with jury.

Once the case goes to court, all the information about the accident can be used as evidence. The police report, medical records and insurance investigations from both companies will also be evidence. Anything you said about the accident that another person recorded can be used against you. This is why it's always smart not to talk about the accident, even on social media. The things you say can keep you from winning your case if they don't match up with the evidence.

It's best to hire a lawyer

Some people worry that they can't afford a lawyer, especially after an accident. But a good lawyer only asks for payment if you win.

Lawyers also know all the tricks insurance companies use to give you less money for damages. Remember, your insurance company always wants to pay less. Anyone who tries to be their own lawyer has a lower chance of getting the money they deserve. A lawyer can make sure that doesn't happen.

The clock is always running when it comes to getting the payment you deserve. Most states only allow you to sue for a couple of years after an accident. If you miss this deadline, you are out of options. That's why you should talk to the team at Accident.com today. We can find the right lawyer to help you get through a lawsuit.

‍

Speak to a Lawyer Near You.
Choose Accident Type
Car AccidentInjured PersonConstruction WorkerJudge's Gavel
Car Accident
Workers Comp
Slip and Fall
Wrongful Death
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Auto Accident
hKj3HFOT
Auto Accident
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5ee9111ec05401c2cf556bba_5d51b4f777dd508c436c6529_accidentCom_auto_accident_orange.png
Auto Accident
Workers Compensation
cmMmBC
Workers Comp
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5eea6d2e2b910eb2f3e54ca4_5d51b4f777dd5094a86c6527_accidentCom_workers_orange.png
Workers Comp
Auto Accident
hKj3HFOT
Truck Accident
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5ef0c18b491862758d778fe7_noun_Truck_1918523.png
Truck Accident
Auto Accident
hKj3HFOT
Pedestrian Accident
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5ef0ec03153c2f34f12507e9_noun_Pedestrian%20Crossing_1016856.png
Pedestrian Accident
Tagged:
Car Accident Pain
Rear End Collision Injury
Top Accident Lawyers
Structured Settlement
Do I Need a Lawyer
twitter icon blue
facebook iconlinkedin icon
Free Car Accident Consultation
form icon
Free Case Review

Submit a contact form via desktop or mobile device. Our algorithm will connect you to an injury attorney located near you.

Find Lawyer
Related Articles
Legal Resources for Car Accidents
What Does an Auto Accident Attorney in Arizona Do?
Legal Resources for Car Accidents
Special Rules for Georgia Accident Claims That Victims Should Know
Legal Resources for Car Accidents
What Laws in Colorado Affect Injury Claims?
Categories
blog category legal icon
Legal Resources for Car Accidents
blog category legal icon
Workers Compensation
blog category legal icon
Top News & Press Releases
blog category legal icon
SSDI Benefits
blog category legal icon
Case Studies & Infographics
blog category legal icon
California Resources
blog category legal icon
What to do After a Car Accident
blog category legal icon
Medical Malpractice
Get Max Compensation
maximum compensation money icon
Free Legal Advice

We connect you to a top lawyer near you. Your lawyer will immediately contact you for a free, no obligation, case consultation.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Speak to a Lawyer
Note: Accident.com’s editorial content is not written by a Lawyer. It’s intended for informational purposes and should not be considered legal advice.
More Posts

Additional Resources

Legal Resources for Car Accidents
What Does an Auto Accident Attorney in Arizona Do?
An auto accident attorney in Arizona uses the laws to win the money victims need and deserve.
calendar icon
May 17, 2022
user iconJack C
Legal Resources for Car Accidents
Avoiding Car Accidents During the Holiday Season
There are many reasons as to why there are so many fatal and non-fatal car accidents during the holidays, and while some may be unpreventable, it is still a driver’s responsibility to be conscious of these potential causes of accidents in order to reduce the risk of getting into a car accident.
calendar icon
Dec 23, 2020
user iconLaura G
Legal Resources for Car Accidents
Scooting Into Danger - What to Know About Electric Scooter Accidents
Electric scooters, or e-scooters, have grown in popularity, along with the likelihood of getting into a scooter accident. If you've been in an accident, you have options for legal action, and Accident.com is here to help.
calendar icon
Jan 19, 2021
user iconNick J
thumbnail view all articles
Explore ALl Posts
Contact Us

Get in Touch

Please fill out the following form and we’ll be in touch with you in less than 24 hours.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Calipso
HomePricingBlogAboutContact
Buy Template
Carefully crafted by Elastic Themes
Powered by Webflow
Style Guide
Licensing
Changelog
accident logo
facebook icontwitter iconlinkedin Icon
Thank you! You are now subscribed to our blog.
Oops! Something went wrong while submitting the form.
HomeContact
Resource CenterCategories

ATTORNEY ADVERTISING. The information provided on this website is not legal advice. No attorney-client relationship is formed by the use of this site. The attorney listings on the site are paid-for attorney advertisements and do not constitute a referral or endorsement by a state agency or bar association. It is not stated or implied that a lawyer is certified as a specialist in any particular field of law. No results are guaranteed, and prior results do not guarantee a similar outcome. This site is informational, only, not dispositive; it is up to you to decide whether a particular lawyer is right for you. Contingency fee refers only to attorney’s fees; a client may incur or be liable for other costs or expenses. Use of this site is subject to your agreement to these Terms and Conditions. If you are seeking an attorney in Florida, please read the additional state advertising disclosure. Copyright 2022. All right reserved.