According to the National Highway Traffic Safety Administration (NHTSA), police reported an estimated 6,180,241 crashes in the US in 2024. There were an estimated 2,422,195 injuries from those crashes, down 0.8% from the 2,442,694 of the previous year. The decline in fatalities was 4.3%.
Given these figures, many ask themselves, “Is it worth getting an attorney for a car accident?” Raising this question is natural and understandable. Car accidents, especially those involving injuries, can be complicated, and insurance negotiations can take quite a while, making the decision tricky.
As if the immediate results of car crashes weren’t bad enough, many people suffer from the impact. The severity becomes even more apparent when analyzing 2019 data. The economic cost of motor vehicle crashes in 2019 was about $340 billion, or roughly $1,035 per person, and rises to nearly $1.4 trillion when quality-of-life valuations are added. Included in this estimation are medical expenses, lost wages and income, as well as property damage, which all overlap to varying degrees when it comes to insurance claims. Due to this overlap, many people wonder whether legal counsel adds anything.
Here is a look at how car accident lawyers help clients manage their car accident claims.
Why the Question Comes Up
There are a few things that will typically play into the decision to hire legal counsel. Severity of the injury is one factor. A bruise is very different from being out for an extended period. Fault will be another factor, along with the number of vehicles involved and their insurance. One thing that doesn’t present a lot of these concerns is a car accident without damage or injury, but a multiple-vehicle accident with differing stories could involve all of them. All of these contribute to the value of the claim, which requires time to collect.
Two Views of the Same Question
Both law firms and the legal public sector cover this topic in their blogs. Usually, a blog post about whether someone should hire a personal injury attorney after a motor vehicle accident will cover some of the many reasons to hire one, like some of the injuries that can be suffered, inadequate settlement offers, etc. Legal public information sites can take a different perspective.
For example, the Illinois Legal Aid Online website notes on its page regarding automobile accidents that, according to Illinois law, drivers are not required to tell their insurer about an accident. People should know that almost all insurance policies have a prompt reporting requirement. The web page goes ahead to note that failure to report the accident may mean the insurer does not pay for the driver’s property damage or injuries.
It notes further that if the driver was not responsible for the accident and does not file a claim, the driver’s own insurer may have a harder time recovering what it paid from the other party’s insurer.
Deadlines and Small Claims Court
Time limits will be important in any case. According to the state’s pages of legal assistance, injury cases have a time limit of two years, while property damage cases have a time limit of five years, unless some other law prescribes otherwise. The companion pages of selected limits show a one-year time limit for claims against local governmental bodies. Since such time limits will vary based on the type of defendant, the circumstances of the accident will affect the time period.
Small claims court is the forum for cases not exceeding $10,000. That same resource also notes that individuals can represent themselves in court without the need of a lawyer. Illinois statewide rules let judges hold informal hearings for cases with small dollar amounts, which provide an easier way to present evidence compared to regular lawsuits. Small claims court does not cover larger claims.
When an Insurer Disputes a Claim
Insurers handle claim issues differently. An additional page by Illinois Legal Aid Online, for the benefit of lawyers, states that the most common issue for policyholders is refusal to pay or underpayment. As stated on the webpage, policyholders often have no recourse other than litigation, because the Illinois Department of Insurance ordinarily does not step in when insurers deny claims.
Insurance policies also often limit the time within which an individual can make a claim. This document explains that insurers frequently shorten the window within which policy holders are able to file a lawsuit through clauses contained within their contracts. Such clauses will be sustained in court if they are considered reasonable, and the countdown for the shortened window will commence either upon the denial of coverage or upon the occurrence of the insured loss, depending on the policy. The above details are in respect to a driver’s interactions with their insurance company. There is a different way for claims against other insurance companies.
Weighing the Decision
The Illinois guide does not treat a lawyer as a requirement after a crash.
Injury victims should contact lawyers to better understand the specifics of their case and to determine what they are entitled to. Financial concerns should also be discussed to better assess what the out-of-pocket costs will be. Laws on fault and insurance vary widely by state, so there are different requirements for deadlines. This is one reason many drivers want a lawyer from their home state. A Chicago car accident lawyer can help clients handle a wide array of circumstances involving any legal issues regarding an uninsured collision, a collision with a pedestrian, a rear-end collision, or an intersection collision.
Often, hiring an attorney can give injured parties an advantage, but the benefit varies based on the specifics of the case. Matters like injuries, liability issues, coverage, and the applicable statute of limitations will determine the necessity of an attorney. When settling an insurance claim, time is as valuable a consideration as money. Account for how much effort it takes to gather documentation, handle paperwork, keep up with deadlines, and field requests from insurance adjusters. Compare that effort with the likely financial gain of settlement.
The state laws are different for each state, and local court information can help people make better decisions about state-specific issues.
