Should I Call a Personal Injury Lawyer After a Minor Motor Vehicle Accident?
The bad news is that you have been in a minor motor vehicle accident (MVA). The good news is that despite shock and a few cuts and bruises, you seem to be OK.
Unfortunately, these types of accidents are common and lead to a number of important decisions about different courses of action. In most cases, drivers exchange contact and insurance information before leaving the scene to nurse a few minor injuries.
Despite an inherent desire to forget about the accident, simply moving on is not always the best course of action. Minor MVAs can raise many questions; one of the most common and confusing being ‘How bad does an accident or injury need to be before you should call a personal injury lawyer?’
Although each accident and injury is different, the following information should help answer this question and address potential uncertainties for people who have been involved in a minor MVA.
When do I need a personal injury lawyer?
Many people injured in an MVA do not get in touch with a personal injury lawyer. On the one hand, people often think their injuries are not serious enough to warrant outside involvement. On the other hand, victims of an MVA may feel they cannot afford a consultation, or that the best course of action is just to struggle through.
While understandable, the decisions you make after an MVA can have important consequences months or even years after the accident. First, even minor injuries from the accident may persist, require treatment and impact one’s education and/or employment. The time and costs needed for treatment can add up and grow into a significant financial and emotional burden. Second, dealing with the other party’s insurance company can be a difficult and time-consuming process. Insurance companies have significant resources and a lot of questions; this often results in a process that can drain your energy and finances.
A personal injury lawyer can significantly reduce the stress, frustration, and uncertainty that can emerge after a minor MVA. Beyond helping you understand your options and best course of action, a personal injury lawyer will deal directly with the insurance company, giving you more time and energy to recover.
It is a good idea to book a free consultation with a personal injury lawyer if you or a loved one has been in an MVA and:
- experienced a major or minor injury;
- incurred medical treatment costs;
- needed to miss work due to the accident;
- experienced injuries that developed after the accident;
- experienced shock or are experiencing psychological harm;
- there is a fatality or injuries to multiple other people;
- the accident occurred in a construction zone;
- there is dispute over who was at fault for the accident;
- there is property damage;
- the other driver is uninsured;
- the other driver changes their story or retracts an admission of fault;
- the insurance company is not cooperating; or
- the police report is not accurate.
In addition to helping you understand your options, a personal injury lawyer can handle all dealings with the other insurance company, assist with medical assessments, determine your financial losses, and calculate a potential claim.
When should I not hire a lawyer after an MVA?
Although a personal injury lawyer can help you navigate any post-accident injuries and questions, professional legal advice is not always necessary. Generally, there are two main situations when legal advice may not be required.
You may not need a personal injury lawyer if you are in an MVA but do not experience any physical or mental injuries and are able to drive away in an undamaged vehicle. Although this is an ideal scenario, it is unfortunately quite rare. Road accidents in Alberta often result in damage to individuals, their vehicles, or both. Even if you do not think that you have been injured, it is still worth seeing a doctor just to ensure that nothing is wrong. If your doctor clears you of any accident-related injuries or complications, you will likely decide not to retain a personal injury lawyer.
It may also be that if there are very minor injuries that an individual can deal directly with the opposing insurance company to resolve their claim. However, people who work directly with insurance companies should remember the following three caveats:
- insurance companies generally push for low settlements early on in the claims process that may not account for future medical needs or economic losses;
- once you sign an agreement with an insurance company your claim comes to an end; and
- people generally underestimate the amount of compensation to which they may be legally entitled to.
The unfortunate reality is that most people involved in an MVA generally suffer some sort of personal injury or property damage. A free consultation with a personal injury lawyer at Vogel LLP can provide you with an honest assessment of your options and the details you need to make an informed decision.
What changes if I was at fault for the MVA?
If the MVA was not your fault, you may need to hire a personal injury lawyer to claim the relevant damages and secure fair compensation. In addition to managing interactions with the insurance companies and ensuring an appropriate claim, a personal injury lawyer can protect you from suggestions that you were partly responsible for the accident (contributory negligence).
Conversely, you cannot claim damages from the other party’s insurer if you were found to have been completely at fault for the accident. You should notify your insurance about the accident and they should defend any claims against you. You should still qualify for medical benefits under your own insurance policy if you were injured in the accident.
Other issues that can affect your claim
Motor vehicle accidents present a number of logistical, financial, physical, and emotional challenges. Although many Albertans may be keen to move forward without filing a legal claim, this can and should change in the event of an injury that could impact many areas of your life. If you or a loved one has experienced even a minor injury in an MVA, a personal injury lawyer can help you understand your options for recovery.
The experienced personal injury lawyers at Vogel LLP are accustomed to assessing claims, informing clients of their options, and finding ways to support moving forward.
Book a free consultation to learn more about your options and how we can support you.