If I Get A Car Accident, Will My Lawyer Deal With The Insurance Company?

If you’ve been in a car accident, you might worry about how to communicate with the other driver’s insurance company. These insurance representatives are known for being deceitful and you could be walking away from a lawsuit with an unacceptable amount of compensation. 

The good news is that you do not need to handle your case all by yourself. A car accident lawyer can absolutely deal with the insurance companies for you after an accident. In fact, it’s typically for the best.

Will My Lawyer Deal With The Insurance Company?

Why Should You a Lawyer to Handle the Insurance Company

Anything you say to the other driver’s insurance company could potentially be used against you. Worse yet, they might try reaching out to you and feign concern, making you feel as if you can trust them. They may also try to intimidate you or make you feel like their first lowball offer on your injury claim is the best you deserve (which is not true).

Insurance companies also have entire teams of adjusters and attorneys at the ready to analyze your injury claim. This is very intimidating for most injury victims to find out—but not to worry. Having your own experienced lawyer on your side levels the playing field. They will know how to deal with anything the insurer throws your way.

A car accident lawyer can even help you deal with your own insurance company after an accident. 

How a Car Accident Lawyer Handle the Insurance Companies

You have every right to deal with your injury claim and the insurance company on your own, but in many cases, it’s not a good idea—especially if you have significant injuries and/or vehicle damage. Insurance companies know you are vulnerable after an accident. They also know most injury victims aren’t well-versed in tort law, and they can use that against you.

Below are the main ways a car accident lawyer can deal with the insurance companies for you after your car accident.

Speaking to the Insurance Company on Your Behalf

You are not legally required to talk to the other driver’s insurance company after your accident. Your lawyer can begin communicating with the insurance adjuster on your behalf.

If the insurance company tries to contact you after the accident, you do not have to talk to them directly, and you shouldn’t give any recorded statements or admit any fault until you’ve spoken to your attorney. You can simply give them your lawyer’s number and say all communications go through them.

Your car accident attorney will know how to develop good communication with the other insurance company’s adjuster, which is crucial for the negotiation stage.

Negotiating for a Fair Settlement

When you file your injury claim with the at-fault driver’s insurance company, they will analyze the details of your claim. They will either:

  • Accept your claim and pay what you’re requesting for compensation

  • Deny your claim

  • Or send you a counteroffer settlement amount

Unfortunately, it’s rare for an insurance company to accept a claim right away, especially if you have many damages. Insurers care most about their bottom line, so they will look for ways to reduce how much they pay. If they send you a small settlement offer or deny your claim completely, you will need help from a car accident lawyer.

Your attorney will handle negotiating with the insurance company for a fair settlement for your car accident claim. The goal is to get you the compensation that covers all of your damages (past, current, and future) resulting from the car accident. This is not an easy task, and it takes the education and experience of a good legal team to succeed.

Communicating with Your Own Insurance Company

In many cases, you will need to report the car accident to your own insurance company. Even if the other driver is completely at fault, there may be certain benefits available through your own insurance. Plus, most policies require you to report an accident within a certain period of time after the accident.

While your own insurer is going to be more on your side than the other driver’s insurer, you should still be wary. Don’t give them more information than you are required to. If you are unsure of how to approach this conversation, a car accident lawyer can help by giving you tips for talking to your insurance company after an accident.

Gathering Evidence of Fault and Liability

Compiling evidence for your case doesn’t directly involve dealing with the insurance company, but it helps set you up for better success when filing your claim and during negotiation.

Even if you hold zero fault in the accident, the burden is still on you to prove it and file a claim for compensation. A car accident lawyer will help you gather evidence that the other driver was at fault for your accident and that they are liable for your damages. They may do this by:

  • Compiling any pictures you took at the accident scene

  • Going back to the scene to see for themselves and taking their own photographs

  • Getting copies of accident reports

  • Speaking to witnesses (and sometimes the police officers who responded to the accident)

Proving Your Damages

Besides demonstrating the other driver’s fault, you will also need to prove that:

  • You suffered damages

  • And those damages directly resulted from the car accident caused by the other driver

Your car accident lawyer will help you collect thorough documentation of all expenses related to your injuries and any property damage you suffered. This includes requesting and compiling medical bills, records, and receipts. While this sounds easy enough, many doctors’ offices don’t make medical records requests the top priority. An attorney can help speed along the process.

Let a Car Accident Lawyer Handle the Insurance Process for You

If you try to handle the injury claim yourself after a car accident, you will likely leave significant money on the table. It’s also very stressful trying to communicate with the other driver’s insurance company alone.

A car accident lawyer will deal with the details on your behalf so you can focus on getting better. They know how to handle insurance companies, and they won’t be afraid to fight for your rights to full compensation. This is why it’s best to contact a trusted car accident attorney in your area as soon as possible after suffering injuries in an accident.

Your Car Accident Lawyer Can Help Prove Negligence

To strengthen your claim, your car accident lawyer will need to prove the four elements of negligence. Because you don’t have long to file your car accident lawsuit, it’s important that you and your legal team act with urgency following your accident to identify these factors.

With the evidence you and your attorney collect, you will need to prove the presence of a duty of care owed to you, the defendant breaching that duty, your injuries being caused by this behavior, and the fact that you incurred damages as a direct result.

Car Accident Lawyers Can Help You Collect Damages

Your car accident attorney can help you total up your economic and non-economic damages and use this information in settlement negotiations with insurance companies. You can be compensated for your: 

  • Lost wages from time you were not able to work and healing from your injuries 

  • Medical expenses from hospital visits, prescriptions, and therapy

  • Property damage if your car needed repairs following the accident

  • Pain and suffering or emotional trauma 

  • Burial and funeral costs in the event of a wrongful death 

You may be eligible to pursue additional compensation known as punitive damages which are awarded as punishment to the negligent driver for their actions. Your car accident lawyer can explain what you’re eligible to receive.

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