Should I Hire a Lawyer After a Car Accident That Wasn’t My Fault?
Bill Allen | June 18, 2024 | Car Accidents
Is it worth getting an attorney for a car accident if I wasn’t at fault? That’s a common question people ask themselves after a crash. It’s a popular misconception that you only need a lawyer for a car accident that you caused.
The truth is hiring a lawyer for an auto accident when you’re not at fault can still ensure the best possible outcome. If you suffered serious injuries, a lawyer can help you understand your options and pursue the compensation you need. Your lawyer also serves as your advocate to ensure you are treated fairly and your claim is handled correctly.
Here are the reasons to hire a car accident lawyer after your accident and what you should know.
Car Accident Lawyers Help You Get the Compensation You Deserve
Florida has a no-fault insurance system, which means drivers file claims under their own policy regardless of fault. While you are filing a claim with your own insurance company, you shouldn’t assume any offer you receive will be fair or all you are entitled to receive.
Car accident lawyers in Florida who work on no-fault accident cases understand the limitations of the system and when you are entitled to step outside the no-fault system.
Your lawyer will help you pursue the full compensation you deserve by:
- Assisting with your insurance claim
- Ensuring your insurance company covers everything your policy allows
- Exploring all avenues for compensation
- Pursuing damages against the at-fault driver
Florida’s no-fault insurance laws can be complicated and confusing. Your lawyer helps you navigate the system and your own coverage. No-fault coverage can be tricky, especially when it comes to overlapping MedPay and PIP coverage.
If you were seriously injured, you may be entitled to compensation beyond your own policy coverage. This can help you recover money for all the damages you suffered, including damages not covered by your own policy, like pain and suffering.
A Lawyer Accurately Calculates All Your Damages
Your lawyer will ensure your damages are accurately calculated. While calculating damages in a minor accident is straightforward, it can be complicated if you suffer serious injuries.
You are entitled to compensation for your medical expenses, including future anticipated medical bills. Your lawyer may work with medical experts to document the future medical care you will need and establish an estimated cost. Calculating future lost earnings can also be difficult without the help of economic or vocational experts.
Your PIP coverage pays 80% of medical expenses and 60% of lost wages up to your policy limit. If you qualify to make a claim against the at-fault driver, you can recover the portion of your losses that PIP does not cover and any losses that exceed your policy limit. However, this requires that you prove liability and your damages.
A claim against the other driver also allows you to recover damages not covered by your policy, such as other out-of-pocket expenses, pain and suffering, and reduced quality of life. Non-financial losses are challenging to calculate. Your lawyer will use their experience and persuasive evidence to argue for fair compensation on your behalf.
Your Lawyer Will Handle Communications and Negotiate On Your Behalf
Dealing with an insurance company after you are injured can be overwhelming and stressful. Your lawyer will handle all communications on your behalf and act in your best interests. They will also handle negotiations and ensure your claim is handled fairly.
A Lawyer Can Help You if Your Insurance Company Acts In Bad Faith
Insurance companies are not obligated to tell you what your claim is worth or provide all the information they have. They are, however, required to handle your claim in good faith.
If your insurance company engages in deceptive, dishonest, or unfair behavior, they have not met their obligations. Your lawyer can protect you from bad faith practices, such as failing to properly settle your claim or refusing coverage for expenses that should be covered. If your insurer does act in bad faith, a lawyer can assist with a bad faith claim.
Your Lawyer Fights Back Against Unfair Tactics and Blame
Even if you were not at fault, the other driver may still try to blame you if they were seriously injured. You may also end up dealing with the other driver’s insurance company if you are entitled to step outside the no-fault system.
Florida uses a modified comparative negligence system. This means you are barred from recovering compensation if you are found more than 50% at fault for an accident. Even if you were not to blame or only contributed slightly to the crash, the other party and their insurance company may claim otherwise. Every share of fault that is assigned to you reduces your recovery and potentially bars you from recovering anything.
Insurance companies can use what you said at the accident or during recorded statements against you. They may try to minimize your injuries, claim the crash did not cause your injuries, or argue that you were more at fault than you believe.
Your lawyer will defend you against these tactics by gathering evidence that proves liability. Your lawyer will also handle communications to avoid mistakes that harm your claim. A strong, evidence-based claim helps you recover the full compensation you deserve.
Without a lawyer, you may inadvertently weaken your claim, as you will not be able to prove that you caused the crash.
When To Get an Attorney for a Car Accident
After an accident, it’s important to know when you need the help of an experienced personal injury lawyer. As a general rule, you can likely handle your own claim if it involves a minor accident with damages covered by your policy.
It’s a good idea to consult with a lawyer if:
- You believe the insurance company is undervaluing your claim or treating you unfairly,
- You believe your injuries are serious and meet the injury threshold in Florida, or
- The other driver was injured, and they are blaming you
Car accident lawyers can help you navigate the no-fault insurance claims process and pursue the full compensation you deserve. If you have been seriously injured in an auto accident, contact an Ocala car accident lawyer to discuss your legal options.
Contact Our Ocala Car Accident Law Firm in North Central Florida
If you need legal assistance, contact the Ocala car accident lawyers at Allen Law Firm at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida:
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
