Car accidents can be stressful and confusing experiences, even if they don’t result in physical injuries. If you’ve recently been involved in a minor fender-bender case where no one was hurt, you may be wondering whether or not you need a no-injury car accident lawyer to handle the claims process.
What Exactly is a No Injury Car Accident Case?
In a no-injury car accident, the drivers and passengers involved suffer no physical harm as a result of the collision. These types of cases are also sometimes called “property damage only” (PDO) claims.
A no-injury car accident essentially involves damaged vehicles but no bodily injuries requiring medical treatment or long-term care. Things like whiplash, back pain, cuts, or bruises that resolve within a few days would typically not be considered injuries for these purposes.
Some key characteristics that define a no-injury case:
- No one is transported to the hospital via ambulance as a direct result of the accident
- No follow-up medical care was sought beyond initial doctor visits/x-rays on the day of the collision
- No long-term/ongoing medical bills related to the crash
- Anyone who did visit the doctor recovered fully within 2-3 days
As long as all involved parties can truthfully attest that they suffered no significant injuries, an accident is classified as no injury or PDO. The primary focus then shifts to resolving property damage claims between insurance companies.
Should You Hire a Lawyer For a No-Injury Accident?
Now that we’ve defined what constitutes a no-injury car accident case, let’s weigh the pros and cons of retaining legal representation:
Pros of Hiring a Lawyer
- Negotiation assistance: Attorneys are experienced negotiators who are familiar with insurance claim values and litigation tactics. They can ensure you receive a fair settlement for your totaled vehicle or costly repairs.
- Avoid being taken advantage of: Some unscrupulous insurance adjusters may try lowballing your claim, denying coverage altogether, or placing undue blame in no-injury cases. Lawyers know how to stand up to these strongarm tactics.
- Expert knowledge of the law: Accident laws and insurance claim procedures can be complicated. An attorney understands all of the legal obligations of each party and what steps are required to maximize your chances of a successful resolution.
- Peace of mind: Dealing with insurance on your own from a disadvantaged position can cause a lot of stress. Hiring a lawyer alleviates this stress by putting a knowledgeable advocate firmly on your side.
Cons of Hiring a Lawyer
- Additional expenses: Attorney fees are an extra cost on top of whatever property damage settlement is reached. This is a consideration if damages are relatively minor.
- May not be necessary: No injury claims typically involve smaller property damage payouts that may not justify thousands in legal bills. An experienced negotiator may be able to handle things themselves.
- Potentially longer process: While lawyers expedite complex cases, their involvement could unnecessarily prolong a simple no-injury claim that insurance is already inclined to approve.
- Must share settlement: The lawyer takes a percentage (often 1/3) of any funds recovered, reducing the client’s overall compensation.
As with any legal matter, there are advantages and disadvantages to representation that a client must weigh based on their individual circumstances. In general, hiring a lawyer is more likely to provide value when:
- Damages exceed $5,000
- Liability is unclear or disputed between insurers
- The other party has hired an attorney
- You feel intimidated dealing with claims adjusters alone
For straightforward claims under $5k with obvious liability, proceeding directly with insurance is often just as effective. But don’t hesitate to consult an attorney if you have any doubts or concerns about your ability to handle negotiations independently.
What To Expect From The Insurance Claims Process
Now let’s delve deeper into what transpires with or without attorney involvement when filing a no-injury accident claim through auto insurance:
Reporting The Accident
Whether you have a lawyer or not, the first step is the same – contact your insurer promptly to report the accident details, provide your policy information, and open a claim. You should also obtain the other driver’s insurance info.
Gathering Documentation
Compile evidence like photos of vehicle damage, police report if one was filed, witness statements, medical records (even if just for initial checkups), and estimates for repairs. A lawyer can help ensure nothing is missed.
Negotiating Liability
In clear-cut cases, insurers may admit fault upfront. But if liability is disputed, adjusters will investigate, and your lawyer can review evidence to confirm or contest responsibility. Strong advocacy may be needed if the other party denies fault.
Assessing Damages
Insurers will obtain repair estimates or total loss valuations. Again, a lawyer brings experience to validate the numbers and negotiate for increased payouts if warranted, such as to cover rental cars. Disagreements may require mediation or appraisal if repairs exceed a vehicle’s cash value.
Issuing Payment
If liability and damages are agreed upon promptly, expect payment within 30 days directly from the at-fault driver’s insurer. Court filings aren’t usually necessary for no-injury claims. A lawyer ensures you are fully reimbursed for all legitimate losses as intended by law.
Settling All Claims
Be certain the entire claim – property damage, lost wages, loss of use, etc. – is addressed before closing your file. Attorneys make certain all basis are covered to avoid any unfinished business that could spark future disputes.
In summary, the insurance process itself is relatively straight-forward for no injury accidents. But representation streamlines documentation efforts, speeds up negotiations, and offers reassurance that all due compensation is received according to your legal entitlements.
FAQs About No Injury Car Accident Lawyers
Here are answers to some frequently asked questions about retaining an attorney for a minor fender bender:
Do I need a lawyer if my property damages are under $5,000?
Probably not. Claims under $5k tend to be fairly routine, and insurance companies are typically willing to work directly with individuals to settle fast. However, if you feel uncomfortable advocating alone or liability is contested, consulting one may still offer value.
How much do no-injury accident lawyers usually cost?
Most charge on a contingency basis, meaning their fee is a percentage (often 33-40%) of the total settlement awarded. For a $3,000 property damage payout, attorney costs would run $1,000-$1,200. Some may charge flat or hourly fees starting at $200-400 as well. Consult multiple lawyers for fee estimates.
Can I handle the claim myself and then hire a lawyer later if needed?
Yes, you can always attempt to resolve a no-injury accident independently first before retaining counsel. Just be sure any statute of limitations (typically two years) hasn’t expired by the time you decide help is required. Keep careful records of all communications and estimates in case a future lawsuit becomes necessary.
How long does the insurance claims process usually take with a lawyer?
An experienced attorney can typically negotiate a settlement for a simple no-injury crash within 30-90 days. Complex disputes over liability determination or damages assessment may prolong things to 3-6 months. The goal is always a prompt yet fair resolution without requiring expensive court action.
What if the insurer lowballs or denies my no-injury claim outright?
If you try negotiating independently but feel unfairly treated, it’s wise to consult an attorney at that point. They know how to build a strong counter-argument highlighting policy provisions, comparable past payouts, or accident reconstructions that will convince insurers to reevaluate improper denials or low offers. Litigation remains an option of last resort to enforce your rights.
In Summary
No injury car accidents seem relatively minor on the surface since no one was physically hurt. However, resolving the associated insurance claims and property damage expenses can still prove challenging – even more so if liability is unclear or an insurer behaves unreasonably.
While it’s possible for individuals to successfully handle basic no-injury claims independently and save on attorney fees, representation offers clear advantages in ensuring a properly expedited process, fair treatment, and full reimbursement under the law.
For crashes involving over $5,000 in damages, unclear responsibility between parties, or an already lawyer-involved adverse driver, retaining counsel is usually the wise move. Their experience negotiating complex injury claims translates well to even minor cases by obtaining the best outcomes.