Why do you need an attorney after an accident?

Why do you need an attorney after an accident?

1.  Because that attorney and their staff will understand the law better than you and can apply that knowledge to your particular facts to best help you.  For example, many insurance companies for the at fault party in a car accident will not pay you compensation for being deprived of the use of your vehicle after an accident unless you obtain a rental car.  This is not correct; the proper damages here are rental expense or “loss of use” if you don’t obtain a rental car for whatever reason.  Caselaw in Arizona (Farmers v. RBL Investment Company) says you are entitled to cash compensation for the loss of use of your vehicle, which is measured from the date of the accident (assuming your vehicle cannot be safely driven) until the insurance company for the party at fault makes an offer plus about three days for the total loss of your vehicle.  You are also entitled to loss of use when your vehicle goes into the shop for repairs for the reasonable duration of the repair job, but again only if you don’t obtain a rental car.

2.  Another method of helping clients injured in an accident is an attorney can negotiate with your medical providers or lienholders (like your health insurance that paid some of your medical bills following an accident, but only in limited circumstances in Arizona) to reduce the amount they are paid if there is not enough money to fully compensate you for your injuries.  This can be huge in a case where the medical bills are quite high.  Some lienholders will assert a subrogation right (to be reimbursed), usually from out of state where the rules are markedly different.  In Arizona, health insurers generally do not have a subrogation right, following the decision of the Arizona Supreme Court in Allstate v. Druke.  A good personal injury attorney can help you navigate these troubled waters so you can maximize your settlement.

3.  In many insurance situations, a good personal injury attorney can help you make claims that you had no idea would provide coverage after an accident.  For example, if your child is injured in a bicycle accident with a driver who flees the scene of the accident (legally presumed to be an uninsured motorist unless they can be found), so long as the child is a resident of your household and you purchased uninsured motorists (UM) coverage on your own car insurance, that will pay for your child’s medical bills and pain and suffering caused by that accident, up to your policy limit of coverage.  In fact, if any family member in your household has UM coverage on their car insurance and they are related to your child by blood, marriage or adoption, it may cover your child’s injuries.

These are just a few of many ways having competent legal representation can be very helpful to you and your family following an accident.  Often, a good attorney can help you obtain compensation for something that you didn’t even know to ask for or could get.  You cannot depend on the at fault party’s insurance to help you.  They owe you very little duty and you are a stranger to that insurance contract, so always call an attorney and discuss a case with them before too long after an accident.  We recommend you obtain a consultation within 30 days of any accident, as time can cause harm to any personal injury case.  Also, if you are interviewing a “personal injury attorney” and they do not know what the cases mentioned above stand for, you probably need to go to a different attorney.

Thanks for reading.