Injured in a crash

Do I Need a Lawyer If the Accident Wasn't My Fault?

Somebody ran a light or rear-ended you at a stop. The police report says so. The other driver even apologized. So you are sitting at home with an ice pack on your neck, thinking the hard part is over and the insurance company will simply do the right thing. This article is for you, because that is not usually how it goes.

Why "not my fault" does not settle anything

Fault decides who should pay. It does not decide how much they pay, or when, or whether they fight you on it.

The other driver's insurer is not your insurer. You are not their customer. Their job is to close your claim for the smallest amount they can defend, and being clearly in the wrong does not change that job. It only changes their tactics. Instead of arguing about who caused the crash, they argue about whether you were really injured and whether you were already sore before it.

Fault can also shift on you later. In Florida, if an insurer can pin more than half the blame on you, you recover nothing. In Arizona, every percent they push onto you is a percent taken off what you get.

What the other driver's insurer actually does

An adjuster will call soon. They will be warm and sound like they are on your side. Here is what is usually happening on their end:

• They ask for a recorded statement. Anything you say about how you feel or how the crash happened can be used to lower your claim.
• They ask you to sign a medical release. A broad one lets them dig through your whole history looking for an old back complaint.
• They offer a quick check. It is almost always made before anyone knows how injured you are, and once you cash it, the claim is closed.
• They go quiet. Weeks pass, you are still treating, and nobody calls back.

None of this is illegal. It is just business, and you are on the wrong side of the table. You are not required to give a statement, sign a release, or accept an offer. You can say "I am still getting treatment," and hang up.

When you probably do not need a lawyer

Not every fender bender needs a lawyer. If nobody was injured, you did not see a doctor, and the only damage is to the cars, the insurance companies will usually sort out the repair between themselves. A lawyer cannot add much to a bumper claim, and most will say so on the first call. If you had a sore neck for a day and it is gone, the same usually applies. Keep your records in case it comes back.

Signs you do need one

Talk to a lawyer when any of these is true:

• You were injured and you are still seeing a doctor after a week or two.
• The other driver, or their insurer, is now telling a different story about who caused it.
• The insurer made an offer that would not cover your medical bills, or is pressuring you to take it.
• The other driver had no insurance or not enough, or drove away.
• You missed work, or you still cannot do your job the way you did.
• A truck, delivery van, rideshare car, or any other commercial vehicle was involved. Those companies have their own lawyers.

One of these is enough.

What a lawyer costs

Personal injury lawyers work on contingency. That means no fee unless they recover money for you, and the fee comes out of the recovery, not your pocket. In Florida, the Florida Bar caps the usual fee at one third before a lawsuit is answered and 40 percent after. In Arizona there is no set cap, and 33 to 40 percent is common. Costs such as medical records, filing fees, and experts are separate. The firm usually advances them and is repaid from the recovery. The first consultation is free. Ask about all of this before you sign, and get it in writing.

What the first call is like

It is a conversation, not a commitment. The lawyer will ask when and where the crash happened, what the police report says, whether you have seen a doctor and what they found, what both insurance policies look like, and whether anyone has contacted you. They will tell you honestly whether they think there is a case worth pursuing. Sometimes the answer is no, and that answer is free too.

Have what you can nearby: the crash report number, photos, the name of the doctor you saw, and any messages from the insurer. If you do not have all of it, call anyway. In both Florida and Arizona you have two years from the crash to file a lawsuit, and that goes faster than it sounds.

Call Clyne is a lawyer referral service, not a law firm. Stephen Clyne is not an attorney. This article is general information, not legal advice, and laws change. Talk to a licensed attorney in your state about your situation.