Baxley Maniscalco Attorneys At Law
After an injury, a lot of people are rightly concerned about whether hiring a lawyer to handle their claim is worth it. Many people feel that the cost of the lawyer's fee will leave them less money in their pocket than if they had resolved the claim quickly on their own.
And for a handful of people, this is true.
So how do you decide if you would be better off handling your own insurance claim after an injury?
I Was In A Wreck That Wasn't My Fault. What Now?
What should I do first after being in a collision? Do I need to report to insurance? How quickly do I have to let them know? What if the other driver doesn’t have insurance?
What is UIM coverage, and does it apply to my wreck? We answer these and many other questions our clients frequently have about the process after an auto crash with another driver.
What Do You Know About UIM Coverage?
Unless your injuries are extremely minor (think soft tissue, resolved within a matter of days with very little treatment), you'll need to know whether your car insurance policy has uninsured/underinsured motorist coverage.
Read the Declarations Page on Your Own Auto Insurance Policy
You can find this information by looking at your Declarations ("Dec") Page. If you have coverage it should show something like $25,000/$50,000 under the UIM portion of the policy.
What Is UIM Coverage For?
What this means is that if you were hit by a driver with no insurance, or by a hit-and-run driver, you can make a claim for UIM benefits after you've been hurt in a car accident that wasn't your fault.
Auto Accident Checklist
Steps to take immediately after being in a car crash with another driver. Get medically checked out. Follow up with your primary doctor. Document everything. Take photos of the scene and your injuries. Notify your insurance company. Get follow-up treatment for lingering medical issues.
UIM Coverage Is Not Just for Claims Against Uninsured Drivers
What many people don't know is that UIM coverage also kicks in when the other driver is insured, but that insurance isn't enough to fully compensate you for your injuries.
For example, imagine you are in a car crash that causes a ruptured disc in your back as well as a muscle sprain. Your treatment involves spinal blocks, and ultimately back surgery, as well as months of physical therapy and chiropractic care. The driver of the car who hit you has minimum coverage ($25,000 in the state of Alabama). You should demand and should be paid the full $25,000 in liability coverage from the other driver's policy. But that would not be enough to make you whole. You would then need to make a claim for your uninsured/underinsured motorist coverage as well.
Does Making a Claim for UIM Benefits Make My Rates Go Up?
A lot of people are reluctant to make a claim for UIM benefits against their own policy. They feel like this may make their premiums go up. This is bad thinking that can cost you a lot of money.
UIM Benefits Are for Your Protection, Just Like Homeowner's Insurance.
UIM benefits are paid when you have not done anything wrong, and you have paid for these benefits in the same way that you pay for homeowner's insurance in the event of a fire or tornado.
You MUST Put Your UIM Carrier "On Notice" of Your Claim for Benefits.
If you think your injuries are even possibly severe enough to merit UIM coverage, you must let your insurance carrier know right away of the potential claim. This is called "putting UIM on notice". If you miss this step and delay too long in letting your insurance company know that you will be making a claim for UIM benefits after a car collision, your insurance company can refuse to pay your claim based on "lack of timely notice".
How Much Time Do You Have?
Can You Prove the Other Driver is at Fault?
Another thing to consider is whether you have the time and energy to handle your claim well. You will need to be able to show the other driver's insurance company that their insured was fully responsible for the accident (many times the insurance company tries to claim you did something wrong and aren't eligible for payment, and most of the time this is straight up nonsense).
Do You Have the Time To Gather all the Records?
Next, you'll need to gather all of your medical records and bills and submit them to the insurance company. If you only have one or two treatment providers this may not be difficult, but you'll need to make sure you get absolutely everything and turn it in.
Always Include Photos
If you have any photographs of the vehicles after the accident, the scene of the accident, and/or of your injuries, you'll want to send those to the insurer as well.
Don't Forget Miscellaneous Expenses: They Add Up!
Finally, don't forget the "small" things that add up to significant expenses: lost wages for your time out of work recovering from your injury and going to your medical appointments, rental car costs, mileage to and from your medical appointments, and co-pays. You'll need to send documentation of each such expense when you make your demand for payment from the insurance company.
Average Personal Injury Settlement
The average personal injury settlement typically ranges from $3,000 to $75,000. The likelihood of a payout of some amount is 70%. About 4% of cases go to trial.
Settlements include money for medical bills, lost wages for time off work, mileage to and from medical appointments, pain and suffering, and loss of the ability to enjoy life.
In most cases, it makes sense to have a lawyer handle your injury claim. Typically, even after the lawyer’s fee is taken out, the average personal injury settlement for a claimant represented by an attorney is three times higher than what the insurance company would have settled with them for if they were unrepresented.
How Can a Lawyer Help Me After a Car Accident?
An experienced personal injury attorney can help you in several ways after you have been in a car accident. First, an attorney can help you to gather and preserve evidence, such as accident reports, witness statements, and photographs of the scene of the accident. This evidence can be critical to proving your case and establishing fault.
Second, an attorney can help you determine the value of your claim and negotiate with the insurance company on your behalf. Insurance companies are often reluctant to pay out large settlements, and they may try to minimize the amount they pay to you. An experienced attorney can help you to get the maximum compensation you are entitled to.
Third, an attorney can help you navigate the legal process and ensure that your rights are protected. This may include representing you in court, if necessary, and filing any necessary legal documents.
Overall, an attorney can be an invaluable resource after you have been in a car accident. An attorney can help you protect your rights and ensure that you receive the compensation you are entitled to.