In a nutshell, personal injury cases are almost always more complex than you think. Here are some problems/questions you are likely to encounter and some situations you may need legal counsel for:
1). Problems getting property damage paid. Rental car issues, storage fees, GAP insurance issues, diminished value claims, deductibles, total loss vs fair market valuations.
2) Coverage problems – who are all the insurance companies you’re dealing with? Is there different insurance covering the driver and the vehicle? Any vehicle manufacturer/products liability issues at play? Umbrella policy? Was anyone at work when it occurred? Is there commercial coverage available or does worker’s compensation come into play? Is there a criminal case likely and a possible restitution component? Is there PIP available to cover medical bills? UIM insurance? How much? Will the other side be claiming you are partially or wholly at fault either for the accident itself or your injuries?
3) Medical bill coverage – Do you carry PIP? If you are in WA, many people waive this coverage. If your insurance company can’t find your written waiver, they have to provide the benefit. Who are your providers? Are they overbilling? Is your treatment on track? Who pays bills after your PIP runs out? How does medical insurance fit in and under what circumstances are they entitled to reimbursement?
4) PIP problems – What happens if and when your own insurance company decides to send you to an IME (independent medical exam)? How does that impact coverage? Do you go or not? What are your options if PIP stops paying? What if PIP only covers some of my bills? Do I have any recourse against my own company when something goes wrong?
5) Is there enough insurance? – Often, there is not enough insurance coverage available. How do you know when to settle vs sue someone? Do you have UIM insurance? How much? How likely are you to succeed if you sue? How do you collect on a judgment? In the case of an accident with more than 2 injured people, there is often not enough insurance to pay out everyone’s claims. Standard OR and WA policies cover between $50-$300k per collision to be divided amongst all injured people, with maximums available to each person. So if 5 people are making claims, everyone is competing with everyone else for the same pot of money and each person needs their own lawyer. Often, these cases lead to a global mediation as the at fault insurance won’t settle with anyone until all parties are on board. People without lawyers hold this process up and often have no idea what their claim is worth and are pitted against all the other people with attorneys, including the bad driver. It’s a hard position to find yourself in.
6) Case valuation – how much if your case worth? Probably a lot more if you’ve had a lawyer with you along the way, providing guidance and helping avoid missteps. How do preexisting conditions impact case value? What are different injuries and types of treatment “worth?” How does venue play in? What if you live in one state and have a collision in another? What if you’ll need future treatment?
7) Other benefits – Will a PI settlement or award impact eligibility for other benefits? SSD? SSI? Medicaid, Medicare, tax implications, health insurance, future medical bills, ability to get other insurance, will rates go up, etc.
8)Issues with minors – what to do with any settlement money, different statutes of limitations, block accounts, special court permissions, guardian ad litem issues.
9) What to do with the money – do you need to spend it down to avoid issues with state aid? When should you consider a structured settlement, annuity or other investment account, are there tax implications? What’s included in the settlement? How do you ensure medical providers are paid? How do you pay the lawyer and any other consultants?
10) Investigations – how to protect your evidence, interview witnesses, document the scene, file accident reports, give statements to insurance companies, preserve evidence like pictures, cell phone records, videos, 911 calls. Document injuries and journal, what to post to social media or not, phone apps that may track you in various ways.
This in a nonexclusive list of issues a good personal injury lawyer should be well versed in and can help guide you in. When you hire a lawyer, all insurance company communication goes through the lawyer’s office and you can focus on more important things like healing from injuries and trying to make ends meet while someone is fighting for your legal rights in an attempt to get you money to compensate for what you go through after a collision. Car accidents are life altering, and money is needed for any number of things. Insurance (even your own) is in it for their own interests. They are not charitable nor are they on your side like a lawyer is. All attorneys in this area give free consultations. These lawyers are paid a contingency fee (usually 1/3) at the end of the case, so they get paid more if you get paid more. This allows every person to have access to a lawyer to help them through the process, rather than requiring a big retainer like other areas of law. There is literally no down side to reaching out to a lawyer to talk about your case and whether you should retain someone. I highly encourage anyone in a crash to call a lawyer. Yesterday.