After a car accident, it’s normal to feel overwhelmed and unsure of your next steps. One of the most common questions people face is whether to contact an accident lawyer or their insurance company first. This decision can have a direct impact on your personal injury claim, your insurance policy, and your ability to receive rightful compensation.
Understanding the Role of Each Party
The Insurance Company
Your insurance company is responsible for processing insurance claims, arranging damage repairs, and ensuring you meet your insurance policy obligations. However, your insurance agent or insurance representative works for the company, not for you. Even a friendly insurance adjuster may be focused on limiting insurance premiums and reducing payouts.
The Lawyer
An accident lawyer, personal injury lawyer, or personal injury attorney can help protect your legal rights, advise you on communications with the insurer, and evaluate the potential value of your case. A skilled lawyer with experience in civil courts can also help you navigate statute of limitations deadlines, gather witness statements, review your accident report, and assess traffic camera footage, surveillance footage, and photo evidence.
Why Timing Matters
If you call the insurance company first, you may be pressured to give a recorded statement before fully understanding your medical consequences or the extent of bodily damage. This can be risky, especially in a severe accident or major car accident.
Speaking to an experienced lawyer before contacting the insurer allows you to understand the implications of your insurance status, negotiate within your liability limits, and approach the process with an advantage in mind.
Factors to Consider
- Severity of the Accident
If you have broken bones, require extensive medical treatment, or have lasting injuries, consider contacting a personal injury lawyer first. - Fault Disputes
If the fault party is unclear, a lawyer with proficiency can help investigate using traffic camera footage, surveillance footage, and photo evidence. - Type of Coverage
Policies vary, and some require immediate notification. An accident lawyer can still review your insurance policy first to avoid missteps. - Medical Needs
Always prioritize medical attention. Delaying care can harm both your health and your personal injury claim.
Pros and Cons of Calling the Insurance Company First
Pros:
- Complies with insurance policy terms
- Starts the insurance claims process quickly
- Can arrange rental vehicle coverage if included in your policy
Cons:
- Statements to an insurance adjuster may be used against you
- May be pressured into early negotiating settlements before knowing the full medical consequences
- Could miss the chance for rightful compensation
Pros and Cons of Calling a Lawyer First
Pros:
- A personal injury attorney can guide you through the process
- Helps avoid saying something that could reduce your personal injury claim
- Reviews accident report, witness statements, and medical history to strengthen your case
Cons:
- Could delay initial insurance contact if not handled promptly
- Some minor collisions may not require legal involvement
Common Mistakes to Avoid
- Admitting Fault Too Soon: This can impact your case in civil courts.
- Not Documenting the Scene: Use photo evidence and look for traffic camera footage.
- Ignoring Medical Care: Seek medical attention and follow all medical treatment recommendations.
- Not Knowing the Law: Rules like Florida’s no-fault laws or your state’s statute of limitations can affect your claim.
Best Practices After an Accident
- Ensure Safety and Call for Help
In a major car accident or severe accident, prioritize safety and emergency care. - Gather Evidence
This includes accident reports, witness statements, photo evidence, traffic camera footage, and surveillance footage. - Know Your Coverage
Review your insurance policy and insurance status. - Seek Legal Guidance
An accident lawyer or personal injury attorney can help ensure you’re not in a situation without assistance. - Contact the Insurance Company
When ready, provide only essential facts to the insurance adjuster, insurance agent, or insurance representative.
When Calling Insurance First Makes Sense
If the crash involves only minor collisions, no injuries, and minimal damage, calling your insurer first may be fine. But even in small cases, be mindful of your words to protect your insurance claims and insurance premiums.
When Calling a Lawyer First Is Better
If you’re facing lack of insurance from the other driver, severe bodily damage, or complex negotiations, starting with a personal injury lawyer is often the safest choice.
About Ted Law firm
Ted Law is dedicated to informing accident victims about their rights and options. We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg From helping clients avoid common pitfalls to providing access to legal resources, the firm supports individuals dealing with the aftermath of accidents. Contact us today for a free consultation.
