Leonard S. Slavit | July 18, 2024
Accidents happen. Even the minor ones can leave you feeling shaken and unsure about your next steps. If you’ve been involved in a minor car accident, you’re probably wondering if hiring a lawyer is necessary.
If your accident only involved property damage and the crash was straightforward, you can likely handle a car insurance claim on your own. However, there are some cases in which hiring a lawyer is a good idea, even if the accident was minor.
What Makes a Car Accident Minor?
How do you know if your accident qualifies as “minor”? Generally, minor accidents are low-speed crashes with minor injuries or property damage only.
Common examples include:
- Fender-benders: These low-speed collisions often result in minimal damage to the rear or front bumper with no serious injuries.
- Rear-end collisions: When they occur at low speeds, these crashes may be minor, although injuries can still happen.
- Side-swipe accidents: When they happen at lower speeds, these accidents may not be serious but may cause expensive property damage.
- Parking lot accidents: These crashes usually happen at very low speeds with minor or no damage.
- Property damage-only crashes: Incidents where only vehicles or property are damaged, but no one is hurt or fatally injured.
- Crashes with minor injuries: Accidents that result in scrapes, bruises, or other injuries not requiring extensive medical treatment.
When a minor accident does cause injuries, they tend to be soft tissue injuries that heal on their own. This may include whiplash, sprains and strains, and contusions. However, even minor crashes can cause concussions, which may have lasting effects on some people.
Understanding the Role of a Car Accident Lawyer
To understand whether you need a lawyer after a crash, it may help to understand what personal injury lawyers do. A lawyer can be helpful when dealing with the insurance company, navigating complex legal procedures, and proving the damages you have suffered.
Case Evaluation
A lawyer can provide an initial case evaluation to help you understand the legal aspects of your situation. They will assess the details of your accident and determine if you have a viable claim. During the initial consultation, the lawyer can help you explore legal options that may be available to you.
Assess Liability
Determining who is at fault in an accident is not always straightforward. A lawyer can investigate the accident scene, review police reports, and gather witness statements to establish liability.
Evaluate Injuries and Damages
Even minor accidents can result in unexpected medical bills and vehicle repair costs. An experienced lawyer will evaluate the full extent of your injuries and damages to ensure you receive adequate compensation. This is particularly important if your losses exceed your PIP coverage.
If your crash turns out to be more serious than you thought, a lawyer can help you understand your options for pursuing compensation outside the no-fault insurance system.
Gather Evidence
Collecting evidence is a crucial part of building a strong case. Lawyers can obtain surveillance footage, photographs, and other documentation to support your claim.
Establish Causation and Liability
To prove your case, you must show that the other party’s negligence caused the accident and your injuries. A lawyer can help establish causation and liability with strong evidence, expert testimony, and more.
Consider Comparative Negligence
New York uses a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still recover damages if you qualify to step outside the no-fault system. A lawyer will consider this factor when building your case.
Assess Insurance Coverage
Insurance policies can be complex and difficult to interpret. A lawyer can review your policy and the at-fault party’s coverage to ensure your claim is paid out properly.
Ensure All Deadlines Are Met
You have 30 days to submit a written notice of claim to receive no-fault insurance benefits if you are injured. You have just 45 days to submit medical bills and 90 days to provide documentation for lost wages.
If you are entitled to pursue the at-fault driver for damages, you have three years from the date of your crash to file a personal injury lawsuit in New York. There are few exceptions to this statute of limitations.
A lawyer will ensure these critical deadlines are met while handling your case.
Handle Negotiations With The Insurance Company
The goal of the insurance company is to minimize payouts when possible. A car accident lawyer handles all communications with the insurance company to make sure they do not use your statements against you. Your lawyer will negotiate on your behalf to seek a fair settlement agreement based on the full extent of your losses.
Legal Representation if Litigation Is Necessary
If negotiations do not result in a satisfactory settlement, having a lawyer on your side is essential for pursuing litigation. An experienced attorney will represent you in court, presenting a compelling case to the jury to argue for the compensation you deserve.
Signs You Should Hire a Personal Injury Lawyer
There are a few common scenarios in which it makes sense to hire a lawyer, even when the crash was minor.
You May Have Suffered Injuries
If you believe you may have been hurt in the crash, be careful before you accept a settlement for your claim. Even low-speed crashes can cause injuries like concussions and whiplash, which may have lasting consequences. It may take some time for injuries to become apparent.
A settlement agreement is final once it’s signed. That means you can’t recover additional compensation in the future if you discover your injuries are more serious than they appeared.
You Have a Pre-Existing Condition
Pre-existing conditions like a herniated disc, osteoporosis, or a previous traumatic brain injury can be worsened in even a low-speed crash. It’s common for claims involving pre-existing conditions to be denied.
You may still be entitled to compensation for injuries you suffered in the accident, even if your injuries involved aggravation of a pre-existing condition.
Liability Is Unclear, Or You Are Being Blamed
If it isn’t clear who was at fault for the accident, or you are being blamed by the other driver or their insurance company, it’s a good idea to consult a lawyer. Even if the accident was minor, disputed liability can make it hard to recover compensation for your losses. This is particularly true if you suffered injuries serious enough to step outside the no-fault insurance system.
Your Insurance Claim Was Denied
If your claim has been denied or undervalued, it’s time to consult a car accident lawyer. Claims can be denied for valid reasons, but sometimes they are denied improperly. A lawyer can investigate why your insurance claim was denied and help you get your claim reconsidered with new supporting evidence.
A Car Crash Lawyer Can Help You After a Minor Accident
While most minor collisions do not require a lawyer, make sure you know when it’s time to seek legal counsel. There’s no harm in a free consultation if you believe your crash was more serious than it seemed or if your claim is being undervalued.