When we are victims of a car accident, two options come to our mind: leave the compensation in the hands of insurers or assign the case to an attorney specialized in car accidents who will conduct the negotiations or take the case to court. How to make the right decision?
Option 1: leave the compensation in the hands of insurers
This solution is simple and free of charge. But if the victim is seriously injured, the compensation negotiated between insurers can go against his interest. Both parties may have the same insurer or insurers belonging to the same group. Moreover, the different insurance companies agree among themselves on the lowest compensation because they are at the same time, the insurer of the responsible, and the victim.
Option 2: Contact an attorney specializing in car accidents
This solution has a cost since the lawyer’s work has to be well remunerated. But it is true that compensation in the case of a car accident conducted by a lawyer is 20% to 30% higher than that negotiated between insurers. However, this is only possible if the attorney is specialized in car accidents and is truly independent of insurance companies.
What is the role of a specialist attorney after a car accident?
Some road victims still ask themselves about the role of the lawyer for victims of personal injury in the context of a car accident when the insurance company has already offered to organize expertise and pay them a provision.
Therefore, it is only legitimate that victims of car accidents, weak and in psychological distress, want to get out of this nightmare quickly and rarely turn automatically to a lawyer for victims of physical injuries, wrongly thinking that the lawyer’s role is exclusively limited to litigations.
In reality, the attorney for victims of physical injuries due to car accidents has several areas of expertise in law: criminal road traffic law, civil liability law, and insurance law. He intervenes at all stages of the procedure: administrative, legal, amicable, or contentious, and this, from the very beginning and perhaps even for some road victims, as soon as they are admitted to the hospital.
A car accident is a matter for specialist attorneys.
The victim must always be assisted because he or she will be confronted with many questions. For example: should I accept a refusal of compensation or a sharing of responsibility? Should I accept the amount of advance payment? Should a protective measure be put in place? How should I decide whether or not to return to work and under what conditions? What reference salary should be used?
These questions cannot be solved by a victim alone. He or she needs to be assisted because once the settlement is signed in the amicable procedure, or if a final judgment is rendered in the legal proceedings, it will be impossible for him or her to go back on the medical evaluation of physical injury and the amount of compensation. Only the aggravation procedure, which is not a new assessment, remains open.
Some victims, considering the limitation period for personal injury, believe that it’s possible to get a settlement from a car accident without a lawyer. This is not true! It is essential to build up a file from the beginning of the car accident and, above all, to choose the right method of compensation.
In the case of compensation for physical injury to a car accident victim, it is the specialized lawyer who diligently pursues and defends his client in all the compensation process. After several years, it is very difficult for the lawyer, even a specialized lawyer, to go back on procedures or expertise that were badly carried out. Alone, without assistance during the compensation procedure, the victim of a car accident risks being badly compensated and will then be a victim twice over.
Lawyers have security means allowing them to work in complete safety. They have civil liability insurance that will allow in any case, that your interests will be preserved.
It would be best if you always chose to defend yourself because contacting an attorney for a car accident is the norm.