Minor car accidents often seem straightforward to handle without professional help. Whether it’s a fender bender or a small scrape in a parking lot, many drivers assume they can settle the matter quickly through insurance or by speaking directly to the other driver.
However, even minor accidents can lead to unexpected complications. This article explores what constitutes a minor accident, how a lawyer can still be helpful in these situations, and how to decide whether legal assistance is necessary.
A minor car accident typically involves minimal damage to vehicles and no significant injuries. Common examples include low-speed collisions in parking lots, rear-end accidents at stoplights, or sideswipes that cause cosmetic damage.
The repair costs in these scenarios are usually low, and injuries, if any, are not immediately evident. But while these incidents seem uncomplicated, they can become more complex than expected.
Disputes over fault, hidden damages, or delayed injuries can turn even a minor crash into a stressful situation. Understanding these possibilities is essential when determining whether to seek legal help.
Here are some of the most common ways attorney still help with minor car accidents.
Fault is the most important factor that determines who should pay for damages arising from an accident. In minor accidents where there has been no bodily injury, only property damage, the driver or owner of the vehicle that has caused the accident should ordinarily be responsible for the damages in all states.
In New York, N.Y. I.S.C. Law § 5104 provides that causes of action will lie for the injured in certain instances, even though New York is a no-fault state for injuries and loss of earnings. In West Virginia, W. Va. Code § 55-7-13a(b) also provides that while seeking damages for property damage, liability will be directly proportionate to the percentage of fault.
However, even minor accidents can result in disagreements over who is at fault. For instance, a rear-end collision might seem clear-cut, but the other driver could claim you stopped abruptly or failed to signal.
In such instances, a lawyer can help gather evidence, such as traffic camera footage or witness statements, to establish liability and protect your interests.
Some injuries, such as whiplash or mild concussions, may not be evident until days or weeks after the accident. This is usually because accident injuries may be entirely internal, and sometimes, the adrenaline rush you feel after an accident dulls your pain receptors.
If you don’t seek medical attention immediately, insurance companies may argue that your injuries are unrelated to the accident.
In Dubroc v. Swain, 833 So. 2d 538 (La. Ct. App. 2002), Allstate Insurance, the plaintiff’s insurance company argued that the plaintiff failed to mitigate the injuries she sustained from her accident by waiting three days before seeing a doctor, even though the plaintiff explained that it was Christmas and she did not want to spend the holidays in an emergency room.
A lawyer can guide you on documenting medical visits and negotiating fair compensation for delayed injury claims. They can also argue against the attempt of an insurance company to deny your claim for delayed hospital visits in court.
Insurance companies often prioritize their bottom line over your well-being. Therefore, they may employ different tactics to ensure you do not receive your settlement.
Insurance companies have often undervalued claims, delayed payments, and outrightly denied coverages. In Peterson v. W. Nat'l Mut. Ins. Co., 946 N.W.2d 903 (Minn. 2020), the defendant attempted to frustrate the plaintiff’s claim for uninsured motorist benefits for $250,000.
For almost a full year, between 2014 and 2015, they kept requesting additional medical documentation, and at times, even requested documentation that the plaintiff had previously provided. The plaintiff eventually sued and was awarded $1,414,900 by a jury.
When an insurer is unwilling to pay or cover the full costs of an accident, an experienced lawyer can handle negotiations, to ensure a faster resolution of the case.
Many people are unaware of their legal rights after an accident. A lawyer can clarify what you are entitled to, such as compensation for pain and suffering, lost wages, or diminished vehicle value.
They can also help identify any legal deadlines, such as statutes of limitations which vary by state.
In Connecticut, Conn. Gen. Stat. Ann. § 52-584 provides that the statute of limitation for personal injury will be two years from when the injury was first sustained or discovered or should have been discovered, whichever is latest, however, Massachusetts under Mass. Gen. Laws ch. 260, § 2A allows for up to three years before a personal injury action must be instituted.
To avoid forfeiting your rights as a result of a legal deadline or legal obligation that you failed to consider, it is important to have an experience attorney in your corner.
Sometimes, the other party may file a claim against you later, alleging additional damages or injuries. Involving a lawyer early will ensure you document every aspect of the incident properly and minimize the risk of future legal complications.
This way, if other parties make a false assertion in a later claim against you, you will have enough documented evidence to refute their claim.
Deciding whether to hire a lawyer for a minor car accident depends on the specific circumstances of your case. Here are some key factors to consider:
If fault is disputed or if the other driver’s story contradicts yours, legal assistance is highly recommended. Similarly, if the accident involves multiple parties, such as a multi-car collision, navigating the claims process can become complicated, making a lawyer invaluable.
Other slightly uncommon accidents such as one involving an uninsured driver, one involving a government agency vehicle, or one with a company’s truck may quickly become very complex due to the processes required or the multiple parties you may have to deal with. Having an attorney to help navigate these cases will increase your chances of success.
Even if injuries appear minor, it’s crucial to consider potential long-term effects. If you’ve experienced symptoms such as neck pain, headaches, or dizziness, these could indicate more serious underlying conditions.
With serious underlying conditions, it become crucial to re-evaluate how you intend to claim and what you intend to claim for. A lawyer will help ensure that you reasonably claim for all foreseeable damages.
While legal representation costs money, many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement can be particularly beneficial if you’re facing significant medical bills or vehicle repair costs that the insurance company is reluctant to cover or your policy limits cannot accommodate.
It is important to also mention that if you have been deemed responsible for an accident, and you are financially liable for damages arising, having a lawyer is in your best interest to secure your assets if you cannot afford to immediately pay the damages being requested. And although, minor accidents rarely result in significant financial liabilities, there are unique incidents where the liabilities may snowball.
Review your insurance policy to understand what is covered and whether your insurer requires legal documentation to approve a claim. A lawyer can ensure all necessary paperwork is filed correctly, preventing delays or denials.
Handling insurance claims and negotiating settlements can be time-consuming and stressful. If you have a busy schedule or find the process overwhelming, a lawyer can take on the burden and keep your case moving forward while you move forward with other things that you’d rather spend your time doing.
While hiring a lawyer may seem unnecessary for a minor accident, it can save you time, stress, and potentially significant financial losses in the long run. Consider consulting a lawyer to determine whether their services are worth the investment.
Minor car accidents may not always seem like a situation where legal assistance is necessary, but complexities can arise unexpectedly. Disputes over fault, hidden injuries, and insurance issues can complicate even the most straightforward cases.
Hiring a lawyer can help you navigate these challenges, protect your rights, and secure the compensation you deserve. But finding an experienced lawyer in your city, who you can trust to take on your case effectively may be challenging. This is where we, at The Accident Helpers, come in.
At The Accident Helpers, we maintain a nationwide network of the most experience personal injury lawyers, and we will connect you to one in your city free of charge. All you have to do is contact us, one of our consultants will immediately get the facts of your case, and we will immediately begin working to provide the best possible lawyers for you.
Remember, our services come at no cost to you, so contact us today!