When You Need a Lawyer After an Accident, and When You Don't

A general rule of thumb is that if you're hurt after an accident, it's always a good idea to consult with a lawyer first after an accident. However, you probably do not need one when nobody was hurt, it was your fault, or the only thing left to settle is a repair estimate. Most accidents fall fairly cleanly into one group or the other, and the ones in between can usually be sorted out in a single phone call with a lawyer through a free consultation.

There are other factors to consider as well, and we will go over these below.

Situations where you should call an experienced lawyer now

Special rules govern each of these situations below, and in many cases, there are strict deadlines that must be followed.

  • A government vehicle, a public bus, a city or county truck, or a road or sidewalk defect is involved. A claim against a public entity in California generally has to be presented within six months, not two years. This is one of the most common ways a good claim is lost, because there is nothing about a pothole or a city truck that announces it is a different kind of claim, and people reasonably assume they have years.
  • A commercial truck, a delivery van, or anyone driving for work. There is an employer involved, a second insurance policy, and a set of records that exist right now and will not exist forever: driver logs, maintenance files, dispatch records, onboard data. Somebody has to send a letter asking that all of it be preserved, and that letter needs to go out within days.
  • The driver fled. An uninsured motorist claim for a hit and run has its own conditions, including a report to police, the CHP, or the sheriff within 24 hours and a sworn statement to your own insurance company within 30 days.
  • You are about to accept the at-fault driver's policy limits and you carry underinsured motorist coverage. Get your own insurer's written consent first. Taking that settlement without it can end your underinsured motorist claim completely, and that claim is often the larger of the two.
  • There is a release in front of you. Please do not sign it just to be agreeable or to move things along. A release is final.
  • An adjuster has asked for a recorded statement or a signed medical authorization. Neither one is urgent for you, and both are useful to the insurance company. You are allowed to say that you want to think about it, and that is usually the right answer.
  • Any serious injury. In many cases, insurance will try to get you to accept a lowball settlement offer quickly. You should talk with a lawyer first to understand your rights and explore your options.
  • The injured person is a child. A minor's own deadline to file suit generally does not start until they turn 18, but any settlement on their behalf has to be approved by a court, and a claim against a public entity does not get the same grace period. Treat it as time sensitive.

When is it fine to handle the claim yourself?

If every one of these describes your situation, you can reasonably handle it on your own:

  • Nobody was injured, or the only treatment was a single visit that resolved it.
  • If it was 100% your fault, you will need to deal with your insurance company on your own. However, if you were injured and the other party was even partially at fault, then it's still a great idea to speak with an experienced attorney to see if you have any recourse.
  • The only items in dispute is repair cost, rental days, or diminished value.

That kind of claim is paperwork rather than litigation, and a contingency fee is not designed for it.

When do you probably need a lawyer?

Any one of these is enough to make the conversation worth having:

  • You are still treating, or you have a referral you have not used yet.
  • Imaging showed something specific: a fracture, a disc injury, a tear.
  • You missed more than a few days of work, or you are self-employed.
  • Liability is contested, or the collision report assigns you a share of it.
  • The other driver was uninsured, or carried limits that look small next to your bills.
  • More than two vehicles were involved, or more than one party may be at fault.
  • The insurance company has gone quiet, or denied the claim without explaining why in writing.
  • You have a prior injury to the same part of your body. This is the argument the other side will lean on hardest, and it is much easier to address early than to answer later.

What are the benefits of hiring a lawyer for an accident?

Good lawyers take the work off your plate. You're not left fighting the insurance company on your own. They can also find you medical specialists who can provide treatment with no money upfront. Most importantly, an experienced accident lawyer can help you recover more compensation than fighting alone. They understand how to build a claim, they know the laws, and they can counter the insurance company's game. Studies have shown that injury victims who work with a lawyer receive three times more compensation than those who fight on their own.

If you want the fuller answer on whether representation is worth it, that is covered in do I really need a personal injury lawyer and in whether it is worth hiring a lawyer for a car accident.

Common Questions

Frequently Asked Questions

How long do I have to take legal action after a car accident in California?
Two years from the date of the crash for an injury lawsuit against another driver, and two years from the date of death for a wrongful death claim. A claim against a city, county, or state entity is the major exception and generally has to be presented within six months of the incident, which is the deadline that most often catches people by surprise. An uninsured motorist claim also has a two year deadline that negotiating does not preserve, because something has to be filed, agreed to, or formally demanded in writing.
When should I call a lawyer immediately rather than waiting?
When a government vehicle or a road defect is involved, because the deadline is six months. When a commercial truck or anyone driving for work is involved, because driver logs and onboard data have to be preserved within days. When the driver fled, because a hit and run uninsured motorist claim requires a police report within 24 hours and a sworn statement to your insurer within 30 days. When you are about to accept the at-fault driver policy limits and you carry underinsured motorist coverage, because taking that settlement without written consent can end the larger claim. And any time there is a release in front of you.
What is the one decision I cannot reverse in an injury claim?
Signing the release. Nearly everything else can be recovered from, including saying the wrong thing to an adjuster or playing down your injury early. Once the release is signed and the check clears, the claim is closed permanently, including for treatment nobody predicted. The decision about whether you need a lawyer does not have to be made on day one, but it does have to be made before you sign that document.
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