Do I Need a Lawyer for a Minor Car Accident?

Getting in a fender bender is often a matter of bad luck, not bad driving. Parking lots and driveways are prime locations for slow-moving collisions. Fortunately, serious injuries are less common in minor car accidents, and insurance claims often resolve quickly.

While all this is true, even a minor car accident can be a stressful experience. You don’t want to pay repair costs and medical bills if you are not the at-fault driver. Unfortunately, the process of recovering damages can be complex even for a minor accident.

This article lists the important steps to take after a motor vehicle accident, minor or otherwise. It also examines how the claims process works and explains the types of economic and non-economic damages you can demand in a personal injury claim.

If you were recently in a minor car accident, contact a local personal injury lawyer. They’ll review your case and help with your car accident claim.

What is the first thing you should do after a minor car accident?

If you want to protect your legal rights after a car accident, there are a few important steps to take at the scene. You’ll have a much better chance of recovering compensation for your accident injuries and property damage by doing so.

You should do the following things immediately after any motor vehicle accident, minor or not:

• Make sure everyone involved is okay
• Take pictures of the accident scene from as many angles as possible
• Pull your car out of the line of danger if it can be done safely
• Call 911
• Exchange contact information with the other driver, including license and registration information
• Seek medical attention

There are times when you may not be able to do some of these things. The other driver may take off or refuse to exchange information with you. This can be more prevalent when an accident is minor.

Some drivers would rather work things out between themselves rather than involve the police or insurance companies. This is a big mistake. Even if the damage is minor, you should always report the accident to both law enforcement and your insurance carrier.

Is it worth going through insurance for a minor car crash?

Even if the accident wasn’t your fault, you should still report it to your insurance company. As soon as the police complete their investigation, call your car insurance carrier. The phone number of your auto insurance company is on your insurance card.

It is best to contact the insurance company within a few days of the crash. Specific notice requirements vary by state and insurance policy. In general, the longer you wait, the harder it will be for you to gather evidence for the insurance carrier so it can process your claim. This also gives you ample time to obtain a copy of the police report.

Even if there is no vehicle damage, it’s still a good idea to call your insurance carrier and report the incident. This way, if the other driver changes their story, you’ll have evidence supporting your version of events.

Do I need legal representation for a minor fender bender?

Many minor accidents are resolved through the insurance companies, without the need for litigation. Others are resolved in small claims court. Let’s take a look at what’s involved in both approaches.

Minor Accidents Resolved Through Insurance

A straightforward rear-end collision is a good example of a case to be resolved through insurance. The fault determination is pretty simple for this type of accident, as the rear driver is typically at fault. If there are no injuries and both drivers have insurance, insurance companies will often accept liability without dispute.

The same is usually true for a parking lot fender bender. Low-speed impacts often create minimal damage, such as scratches, dents, or broken lights. Security cameras or witnesses in the parking lot can make determining who was at fault a much easier process.

Single-vehicle accidents, like hitting a pothole, guardrail, or debris on the road, are easy to resolve through your insurance company. There are no other parties involved to dispute fault, making most claims simple to process.

Small Claims Court for Minor Car Accidents

Small claims court can be a cost-effective option for minor disputes. Damage limits vary by state, but small claims courts often handle cases involving amounts under $10,000.

While going to court should always be a last resort, it can be your best option in situations such as a driver without insurance. Small claims court can help you recover these costs without attorney fees.

When does it make sense to sue the at-fault driver?

In a perfect world, the insurance company agrees to pay your claim without a fuss, and your check shows up in a week or two. As we are well aware, this is not a perfect world. An insurance adjuster may deny your claim, or the other driver may not have insurance. Now what?

Even in minor accidents, certain situations warrant consulting an attorney, such as:

• Any injury that requires medical treatment beyond basic first aid
• The other driver’s insurance company denies your claim or disputes fault
• You’re being blamed for an accident you didn’t cause
• The other driver was a commercial vehicle operator or a government employee
• Multiple vehicles were involved
• The other driver was under the influence
• Your insurance company is not cooperating with your claim
• Damages exceed the other driver’s insurance policy limits

In these situations, it may make sense to file a lawsuit directly against the at-fault driver. Suing the insurance provider requires proof that it acted in bad faith. If that’s not an option, your next move is to sue the other driver.

You may also need to sue the other party if their insurance policy limits didn’t cover all your damages. A rear-end collision can cause minor injuries, such as whiplash or a concussion. Add in the damage to your car and the work you’re forced to miss, and your total damages add up to $125,000.

If the other driver’s insurance policy only covers $100,000, their insurance carrier will not pay the remaining $25,000. Insurance companies will never issue a payout for more than the insured’s policy limit. Your only option will be to sue the other motorist for the $25,000.

Before hiring an attorney for a minor accident, consider:

• Total damages: Are they significant enough to justify legal fees?
• Complexity: Is fault clear and undisputed?
• Insurance cooperation: Are the insurance companies handling the claim fairly?
• Your comfort level: Do you feel confident navigating the process yourself?

Many car accident attorneys offer a free consultation, which provides you with professional advice about whether your case warrants legal representation and how much it would cost.

What types of damages can occur in a minor accident?

Even a minor collision can cause serious injuries. It all depends on the nature of the crash and how the other vehicle impacts your car. It’s possible to suffer minor vehicle damage but still require extensive medical treatment.

When you meet with your attorney, they’ll discuss the different types of damages you can demand in your lawsuit. Even with minor injuries, car accident victims may recover some or all of the following:

• Property damage/Vehicle damage
• Lost wages
• Medical bills
• Future medical expenses
• Lost future income
• Emotional distress
• Pain and suffering
• Any other out-of-pocket expenses

You must include your demand for damages in your civil complaint. Once the insurance adjuster receives a copy of your complaint, they will likely contact your attorney to discuss a fair settlement offer.

What is a statute of limitations?

Every state has statutes of limitations that limit how long you have to file your personal injury claim. The specific filing for your claim depends on your state laws.

The statute of limitations period for personal injury claims in most states is two to four years. The clock starts on the date of your auto accident. If you miss this deadline, you’ll lose your chance to recover fair compensation for your car accident injuries.

Any attorney you hire will need time to prepare your case. If you wait too long to begin the process, they may not be able to file your claim in time.

Get Legal Advice From a Seasoned Car Accident Lawyer

Handling even a minor fender bender can be time-consuming. You’ll need to deal with the insurance company and schedule repairs for your vehicle. A skilled car accident attorney can help manage your car accident case.

Contact a local personal injury attorney to learn more about your options. Many offer free case evaluations. One of the benefits of retaining a car accident attorney is that you pay them nothing until you settle your case. They work on a contingency fee basis, so you don’t pay them until you resolve your personal injury claim. They can also deal with the insurance companies on your behalf.

Minor accidents can be easy to resolve on your own. If there are additional factors at play, remember that help is available.