Car insurance lawyers are legal professionals who specialize in helping clients resolve disputes with auto insurance companies. They generally assist people who have been injured in car accidents and need help collecting compensation from insurers.
The main role of a car insurance attorney is to act as an advocate and advisor for their client. They investigate insurance claims, determine the amount of damages their client is owed, negotiate settlements with insurers, and file lawsuits if necessary.
There are a few common types of cases that car insurance lawyers handle:
- Underinsured/uninsured motorist claims – When the at-fault driver has insufficient or no car insurance to cover your damages.
- Denied claims – When the insurance company denies part or all of a claim for reasons you dispute.
- Bad faith claims – When the insurer unreasonably delays or denies paying out on a legitimate claim.
- Car accident injury claims – Helping accident victims receive compensation for medical bills, lost wages, pain and suffering, etc.
So in summary, car insurance attorneys assist clients with navigating the insurance claims process and fight to recover the maximum compensation they are rightfully owed after an auto accident. Their specialized legal knowledge can be invaluable when dealing with uncooperative insurers.
When To Hire a Car Insurance Lawyer
After being in a car accident, many people file claims with their auto insurance company expecting a fair settlement. Unfortunately, insurance providers don’t always make fair offers—or any offer at all. An experienced car insurance lawyer can help you get the compensation you deserve in these situations:
After a Car Accident
If you’ve been injured in a car accident that was not your fault, a lawyer can help you receive a settlement that covers all your expenses. This includes medical bills, lost wages, pain and suffering, property damage, and other costs. An attorney will deal with the insurance company and aggressively negotiate on your behalf. They will gather evidence, determine fault, and calculate losses to build a strong claim.
Denied Insurance Claim
Insurers often deny claims for questionable reasons. If your auto insurance provider has denied your claim after an accident, a lawyer can evaluate if it was wrongfully denied. They can identify errors, missing information, or other problems with the denial and fight to get your claim approved. A lawyer knows how to deal with insurance company pushback.
Dispute with Insurance Company
You may disagree with your insurance company about who was at fault for the accident or the value of your claim. An attorney can stand up to the insurer and fight for the compensation you deserve. They can also represent you if the insurance company suddenly terminates your policy unfairly.
Benefits of Hiring a Car Insurance Lawyer
Hiring a car insurance lawyer can provide many benefits if you’ve been in an auto accident and need to make a claim or file a lawsuit against an insurance company. An experienced attorney can help navigate the complex legal process, deal with stubborn insurance adjusters, and make sure you receive full and fair compensation.
Help Navigate the Legal Process
The world of insurance law and claims can be confusing for someone without legal training. There are many procedural rules and statutes of limitations governing injury claims and lawsuits. A knowledgeable car accident lawyer can explain how the process works, advise you on time limits and legal options, and handle all aspects of your case. They understand how to collect evidence, negotiate settlement offers, file insurance claims properly, and pursue litigation if needed. Their expertise can help your case proceed as smoothly as possible.
Deal with Insurance Companies
Insurance companies have teams of attorneys and claim adjusters working hard to minimize payouts. Without your own legal representation, you may struggle to get full compensation. A car accident lawyer has the skill and tenacity to stand up to insurers. They know how to counter unfair settlement offers, navigate low-ball tactics and denial of claims, and fight for maximum damages under your policy and state law. Rather than facing the insurance company alone, let an attorney handle communications and negotiations.
Get Full Compensation for Your Losses
The ultimate goal is getting compensation that covers all of your losses. Experienced car insurance lawyers understand how to calculate and prove damages like medical bills, lost wages, pain and suffering, vehicle repair/replacement costs, and other expenses stemming from an accident. They build strong cases that maximize recoveries. A lawyer can also advise whether to pursue a settlement or take the insurance company to court if needed to get full compensation. With so much at stake, hiring legal help can be critical.
Types of Car Insurance Lawyer Cases
Car insurance lawyers primarily handle three major types of cases:
Car Accident Injuries
If you’ve been injured in a car accident that was someone else’s fault, a car insurance lawyer can help you pursue compensation for your injuries, lost wages, pain and suffering, and other damages. The lawyer will deal with the at-fault driver’s insurance company on your behalf to demand fair compensation. They will gather evidence, determine the settlement value of your case, negotiate with the insurer, and take the case to trial if needed. Having an experienced lawyer increases your chances of getting full and fair compensation.
Uninsured Motorist Claims
If you’ve been hit by an uninsured or underinsured driver, your own insurance may provide uninsured motorist coverage to protect you. However, insurance companies don’t always make it easy to get what you deserve under this coverage. An attorney can handle negotiations and take legal action if needed to pursue your uninsured motorist claim. They will fight to get you every dollar you are entitled to under the policy.
Bad Faith Insurance Practices
In some cases, insurance companies engage in bad faith practices like delaying claims, denying valid claims, and offering unfairly low settlements. If you believe the insurer is acting in bad faith, a lawyer can file a lawsuit to hold the company accountable. They will argue the insurer breached its duty to deal with you fairly and in good faith. If successful, you may recover your full policy benefits plus additional damages for emotional distress, economic loss, and punitive damages.
An experienced car insurance attorney can determine if you have a valid bad-faith claim against an unscrupulous insurer and give you the best chance at recovering what you deserve. Having legal representation evens the playing field when an insurance company engages in wrongful behavior.
Investigating an Insurance Claim
After a car accident, an experienced car insurance lawyer will launch a thorough investigation into the details of the incident. This is a critical step in building a strong case for recovering the compensation you deserve.
The investigation will include:
- Reviewing police reports – Police reports contain important information about how the accident occurred, road conditions, witness statements, and more. Your lawyer will analyze the police report to understand who caused the crash and determine fault.
- Determining fault – Establishing fault is essential for proving your case. Your lawyer will gather facts to assign responsibility for the collision based on traffic laws and insurance regulations in your state. They will assess contributing factors like weather, distractions, road hazards, vehicle defects, and more.
- Consulting expert witnesses – Independent experts like accident reconstruction specialists and medical professionals can provide opinions on the cause of the crash and the nature and extent of your injuries. Your lawyer may involve experts to validate claims against the insurance company.
- Gathering evidence – Beyond official reports, your lawyer will collect supporting evidence like photos of property damage, dash cam or surveillance videos, medical records, and damage documentation. Strong evidence proves your losses and strengthens your position.
A skilled car insurance attorney will fully investigate your accident to build maximum leverage when negotiating with the insurance company. Their fact-finding and analysis lays the groundwork for recovering fair compensation.
Negotiating a Settlement
After conducting an investigation, your car insurance lawyer will determine how much compensation you deserve for your injuries, vehicle damage, lost wages, and other costs. They use their knowledge of insurance law and past case outcomes to calculate a reasonable settlement amount.
Your lawyer will then negotiate with the insurance company on your behalf to secure fair compensation. They know what arguments and evidence to present to justify the requested payout. Insurance companies often start with a lowball offer, hoping injured parties will accept less than they deserve. An experienced lawyer has the negotiation skills to counter those tactics and fight for full reimbursement.
If the insurer refuses to offer a satisfactory settlement, your lawyer can advise you on the best options. That may involve mediation where a neutral third party helps facilitate an agreement. Or your attorney may recommend taking the insurance company to court if negotiations reach an impasse. Your lawyer will discuss the pros and cons of different approaches so you can make an informed decision on how to proceed. Their guidance can prove invaluable in getting the maximum compensation you are entitled to under the law and your policy.
Filing a Lawsuit Against an Insurance Company
If an insurance company denies your claim or refuses to offer a fair settlement after negotiations and mediation, you may need to file a lawsuit against them. This is when hiring an experienced car insurance lawyer is crucial.
There are two main legal avenues to pursue in a lawsuit against an insurance provider:
Sue for Bad Faith
If you believe the insurance company handled your claim in bad faith by unreasonably delaying or denying payment, your lawyer can file a bad-faith lawsuit against them. This argues that the insurer breached its duty of good faith and fair dealing owed to you as their policyholder. Financial penalties can be awarded if bad faith is proven.
Breach of Contract
If the insurer outright refuses to pay a valid claim, they are violating the insurance policy contract. Your lawyer can sue them for breach of contract and force them to pay out the amount owed under the policy terms. This route focuses on getting compensation rather than punishments.
Lawsuits should always be a last resort after settlement talks fail. They can take months or years to resolve in court. But sometimes legal action is the only way to get fair compensation from an uncooperative insurance provider. An experienced car insurance attorney will advise you on the strongest legal strategies and build the most compelling case. With expert legal representation, you can hold insurers accountable for claim denials and lowball settlement offers.
Costs of Hiring a Car Insurance Lawyer
Hiring a car insurance lawyer can be expensive, but there are different fee structures to consider:
Contingency Fees
The most common fee arrangement is a contingency fee, where the lawyer only gets paid if you receive a settlement. The typical contingency fee is 33-40% of the total settlement amount.
Contingency fees mean you don’t pay anything upfront or throughout the case. The lawyer only gets compensated if you win your case and receive compensation. This gives the lawyer an incentive to get the largest settlement possible.
Hourly Fees
Some car insurance lawyers charge by the hour, usually ranging from $100-$500 per hour depending on experience and location. Hourly fees give you more predictability and control over costs.
However, it also means you pay the lawyer regardless of the outcome. You take on more financial risk with an hourly arrangement.
Retainers
Lawyers may require an upfront retainer before taking on a case. This retainer is like a deposit, which the lawyer uses against their hourly fees. For example, you may pay a $5,000 retainer upfront, which the lawyer draws from as they rack up hourly charges.
Retainers help lawyers ensure they get paid for their time. However, you want to avoid retainers that are excessive.
Payment Plans
If you can’t afford a large upfront retainer, some lawyers offer payment plans. This allows you to pay in installments over time. Monthly payment plans help ease the financial burden, especially if the case drags on.
When considering a lawyer’s fee structure, look at the total projected cost, not just hourly rates. Contingency fees often end up cheaper overall than hourly fees, unless your case gets dismissed quickly. Compare fee structures carefully.
Questions to Ask When Hiring
When hiring a car insurance lawyer, there are some key questions you should ask to ensure you find the right attorney for your case. Here are some of the most important ones:
Experience
- How long have you been handling car insurance claims and lawsuits? Look for at least 5-10 years of specific experience in this area. An experienced attorney will understand the nuances of insurance policies and have seen many similar cases before.
- What is your success rate in recovering damages for clients? The lawyer should be able to provide tangible examples and stats here.
- How many car insurance cases like mine have you handled? Look for a lawyer who regularly deals with cases just like yours.
Case Results
- Can you share some examples of favorable verdicts and settlements you’ve obtained for past clients? The attorney’s track record of results is crucial.
- Have you taken any car insurance cases to trial? While most cases settle out of court, a lawyer with trial experience can negotiate more effectively.
- Are you willing to take my case to trial if necessary? Make sure the lawyer is ready to go to bat for you in court if needed.
Fee Structure
- How do you bill for your services? Get specifics on hourly rates, flat fees, contingency fees, expenses, etc.
- What is your fee structure for my type of case? Avoid attorneys who overcharge or won’t provide fee estimates upfront.
- Will I be responsible for any expenses if we lose the case? Reputable lawyers will not pass their expenses on to clients.
Staffing
- Who will be handling my case on a day-to-day basis? Find out if you will get access to senior lawyers or be passed off to junior staff.
- How large is your legal team? Look for adequate support staff to handle legal research, filings, and logistics.
- Do you utilize experts like accident investigators or medical consultants? Expert opinions can significantly strengthen your case.
Reputation
- Can you provide client references I can contact? Speaking to past clients provides key insights into lawyer competence and communication style.
- Are you rated on legal industry websites? Check for favorable client reviews on Avvo, Martindale-Hubbell, Google, and more.
- Do you have experience testifying as an expert witness? Expert testimony work indicates others in the field respect the lawyer’s knowledge and abilities.
By thoroughly vetting potential lawyers using questions like these, you can feel confident you have found the right car insurance attorney to take your important case. Don’t be afraid to be picky – this is a decision truly worth getting right.
Conclusion
Hiring a car insurance lawyer can be extremely beneficial in certain situations, though it’s not always necessary. If you’ve been denied a claim or settlement and feel you’re being treated unfairly by the insurance company, a lawyer may be able to help negotiate a satisfactory resolution. They understand the complex legal issues around insurance claims and have experience fighting cases in court if needed.
Even if your case does not end up going to trial, a lawyer acts as your advocate and levels the playing field against the insurance company’s legal team. They will thoroughly investigate your claim, determine the best legal strategies, and aggressively negotiate on your behalf. Though hiring a lawyer does involve fees, for difficult cases their expertise significantly improves your chances of maximizing your claim payout.
Don’t hesitate to bring in legal help if you find yourself stuck dealing with an unreasonable insurance company. An experienced car insurance lawyer can provide the leverage needed to get a fair settlement and compensate you for the accident damages you incurred. With their help fighting insurance denials, you’ll get the payout you deserve.