DO I NEED TO HIRE A LAWYER?
After a bicycle crash, many people wonder whether or not they should hire an attorney. The truth is that hiring an attorney may or may not be the right choice, depending on the circumstances.
Insurance companies are for-profit. No matter how much their advertising tries to make you feel like they exist to help you out in hard times, they really are out to maximize their profits. In order to do this, they have to settle claims for the lowest amounts they can – and in order to do that, they may be difficult, combative, or take unreasonable positions. They will not accept any information without supporting evidence. The insurance company also has a tactical advantage in that they negotiate claims day-in-day-out, whereas this may be your first time making an insurance claim. Therefore, if you have serious injuries or high medical bills, it is often best to hire an attorney to help you with your claim.
Attorneys, of course, are not free. Personal injury attorneys work on a contingency fee basis and typically charge 1/3 of your total settlement value (although this amount is not set by law and is negotiable). This means that the attorney is paid out of the eventual settlement, if there is one. You will not owe an attorney anything if they do not get a settlement for you, and you will not need any money up-front to pay for your lawyer’s time.
If your claim is small (i.e. minor injuries and small paid medical bills) or you only have property damage, it may make more sense to handle the claim on your own. You can still call us at Bay Area Bicycle law for some free advice on handling your own claim.
On the other hand, if you have serious injuries (for instance a fracture, concussion, muscle tear, or dental injuries), received extensive medical treatment, and/or had surgery, then it is in your best interest to consult with a bike accident attorney. These claims will involve significant loss of enjoyment of life and pain and suffering damages – and without a lawyer, an insurance company will almost never value these types of damages appropriately. Furthermore, these cases often involve a complex web of insurance and medical liens, and a lawyer can negotiate these for you and make sure everything gets properly paid.
WHAT WILL AN ATTORNEY DO FOR ME?
The main “phases” of a bicycle accident claim include: gathering and documenting evidence (including by hiring experts to assess damages or liability when appropriate); completing any medical treatment; negotiation and settlement of the claim, which may or may not involve filing a lawsuit; and negotiating and paying any medical liens. Very rarely, when a settlement cannot be reached, the case will go to trial and there will be a verdict instead of a settlement.
A good bicycle accident attorney will expertly guide you through all of these steps, and be able to connect you with the proper resources to help you heal, to properly document your damages, and to support your claims about how and by whom the collision was caused.
In claims other than property damage only or very minor injuries, hiring an attorney will almost always increase the amount of money you walk away with (even after paying attorney fees).
DO I NEED TO DECIDE RIGHT AWAY WHETHER TO HIRE AN ATTORNEY?
You may be tempted to put off hiring an attorney for some time after a bicycle accident. It may seem more prudent to focus on recovering and getting your life back in order before delving into the legal repercussions of your accident. Furthermore, finding the right lawyer can be a daunting task and you may feel confident enough to handle negotiating a settlement yourself.
That all said, we strongly encourage you to hire an attorney as soon as possible. A reputable attorney will help you assess your case early on, connect you with resources to help your recovery when appropriate, and let you know if it might make sense for you to handle the settlement yourself.
Failing to hire an attorney quickly enough, on the other hand, can result in the following negative consequences:
Evidence May Fade, Disappear, or be Destroyed
If too much time passes between your accident and our investigation, evidence will be lost. Evidence is freshest immediately post-accident. The longer the delay, the more difficulty we have documenting injuries, locating witnesses, finding possibly accident footage, or taking accurate scene photos. Witness memories fade; security footage gets thrown out, sometimes after only a day or two; and roadways may get re-striped or repaved. Sometimes these critical pieces of evidence can make or break your case, so retaining an attorney as soon as possible after a crash is always a good idea.
You May Unintentionally Hurt Your Case
We regularly receive calls after someone attempted to negotiate their claim themselves before realizing just how complicated, nerve-wracking, and time-consuming the process can be. And worst of all, sometimes they have irreversibly damaged their own case, leaving little that can be done.
For individuals confident that they can negotiate a decent settlement themselves, remember that the adjuster’s full time job is dealing with accident and injury cases. The adjuster has access to an array of resources and a team backing them up, including professional investigators, medical experts, and vocational specialists. The adjuster knows exactly what your case is worth and assumes you have no idea what you’re doing—that you are likely “in over your head.” The adjuster has been trained in negotiation tactics aimed at minimizing the insurance company’s liability for your claim.
Some mistakes include: giving recorded statements of fault or liability to the insurance company; proposing a low settlement due to an improper understanding of damages, liabilities, and the compensation they are legally entitled to; and signing overbroad authorizations which violate your privacy rights
Frequently, these errors result in a lawsuit, creating additional expenses and delay. Therefore we always recommend contacting an attorney immediately if your injuries are serious.
Dangers in Delaying
The number one danger in delaying speaking to an attorney is missing the statute of limitations – meaning that you wait too long, and your legal rights related to the crash expire. With limited exceptions, this is not fixable by an attorney later, and results in you forfeiting all claims you would have had and receiving no compensation whatsoever. In some cases, the statute of limitations can be as short as a few months.
Additionally, the longer you hold off retaining an attorney, the longer it takes to settle your claim. Once retained, an attorney will begin gathering the necessary documentation supporting your claim. The process of gathering documentation supporting your losses can be incredibly time consuming, as we rely extensively on the cooperation of large, bureaucratic medical facilities.
RULES FOR REPRESENTING YOURSELF
If you are still on the fence about hiring an attorney, please take the following steps to avoid damaging your case:
- Don’t talk to the insurance company. Do not speak to the insurance company on the phone. If the driver has reported the accident to his insurance company, someone will contact you. NEVER talk to anyone representing the at-fault driver or insurance company. There is no benefit to you in speaking with the insurance company. Their only goal in speaking with you is finding a way to minimize or eliminate your claim, while you will get no useful information back from the representative to further your claim. If you have decided you are definitely going to negotiate your claim yourself, keep all communication in writing.
- Don’t sign any authorizations. Never sign anything presented to you by insurance companies. Even simple mini-tort releases could contain the fine print of waiving future injury claims or allowing an at-fault insurance company to access your entire medical history. It is always a safer bet to consult with an attorney before signing any documents with an insurance company. If you decide that you are going to negotiate your claim yourself, at the very least read any release very carefully and reach out to an attorney with any questions you have.
Don’t repair any damaged items, or destroy any evidence. If your bike was damaged during the accident, do not repair it until you consult with an attorney. Property damage claims can vanish if the damaged property was not properly documented. Even more importantly, the defense may have a right to examine the bicycle, and destroying this evidence can have significant negative consequences for your case. Additionally, save all documentation, receipts, casts, braces, prescriptions and other medical items related to your injuries.