Should you hire a lawyer after just a fender bender?
That’s a question that many people ask after they are involved in an accident. So many people assume that their accident isn’t that bad. You get a little bumper damage, exchange insurance information, and continue on with your day.
But here’s the issue…
What you may think is just a fender bender could potentially turn into a personal injury lawsuit against you. The line between winning and losing a case can be incredibly thin and hard to see for people that aren’t trained attorneys.
Knowing the difference between a fender bender and an actual personal injury accident is what could save you thousands. It could also protect your legal rights should you decide to take legal action against the other driver.
Let’s dive into the details…
Contents
- What exactly is a fender bender?
- When does a minor accident become a personal injury case?
- Hidden injuries you need to look out for
- Why legal representation matters
- Final thoughts
What exactly is a fender bender?
Fender benders are usually characterized by low-speed crashes with very little damage to the vehicle.
These are minor accidents that occur when you tap someone’s bumper in a parking lot or they rear-end you at a stoplight. You know… those accidents that you typically think “everyone gets”.
Research shows there are about 6 million motor vehicle accidents that occur every year in the United States. Many of these accidents are categorized as “minor”.
But what most people don’t understand is…
That a fender bender has nothing to do with your car. It only explains the damage to your vehicle.
A fender bender doesn’t analyze what happened to you during the crash. While your vehicle might be fine after a low-speed collision. Your neck, back, and shoulders could be another story.
That’s where things can get tricky…
When does a minor accident become a personal injury case?
Okay, let’s say you were in that minor accident. How do you know if you actually have a personal injury case on your hands?
The answer is simpler than you think.
If someone was injured during the collision, you have a personal injury case.
Anytime that someone else was negligent, and you get hurt – that’s a personal injury case. If you injured your back during a car accident, that’s a personal injury case.
If your neck is injured during the crash, that’s also a personal injury case.
It doesn’t matter how “minor” your vehicle damage is. All that matters is if you were injured during the crash.
I know tons of car accident attorneys that have handled minor car accidents where the insurance company refused to cover the vehicle damage. But the client ended up having a serious injury that required treatment.
By waiting too long to contact a lawyer, their legal options became limited.
Working with an experienced car accident lawyer right away can help ensure your rights are protected from day one.
So the biggest differences between a fender bender vs personal injury case comes down to:
- Was there an injury?
- Did you seek medical treatment?
- Who was at fault for the crash?
- How much did this accident cost you?
Pretty easy concepts to understand, right?
Hidden injuries you need to look out for
This is actually where a lot of accident victims go wrong.
They think they are fine after a crash. Sure, the accident might have made them feel dazed or confused but after a few hours they are ok.
What they don’t realize is…
Injuries can take time to show up. Just because you don’t feel injured after an accident, doesn’t mean you are not injured.
Your body releases adrenaline during these types of accidents. This adrenaline can prevent you from feeling pain for hours or even days.
Some injuries take weeks to develop any kind of symptoms.
Below are some common injuries that you can receive from seemingly minor accidents:
- Whiplash
- Soft tissue damage
- Concussions
- Back Injuries
All of these are injuries that can turn a minor accident into a serious injury accident.
What’s worse…
If you don’t document your accident and seek medical attention right away – it’s going to be your word against the insurance company’s word that you were injured during the crash.
Insurance companies LOVE it when you wait to seek medical treatment. It makes it THAT much easier for them to deny your claim or low ball you.
Why legal representation changes everything
Think you can handle your own accident case?
Think again.
The statistics speak for themselves. Studies have shown that approximately 91% of accident victims that hire a lawyer to represent them end up with a payout from a settlement. But that number drastically decreases to only 51% if you try to handle the legal case on your own.
That is a HUGE difference.
Here’s another stats for you…
The average accident victim that hires a lawyer tends to receive a settlement that’s nearly triple the amount of someone that didn’t hire a lawyer. When you negotiate a settlement on your own, insurance companies know you aren’t working with a legal professional.
They will low-ball you and know you have very little chance of hiring an attorney after they do this.
Hiring a car accident attorney can benefit you in many ways:
- Accurate documentation of your injuries.
- Experienced negotiators that deal with insurance companies daily.
- Understanding of local laws and timelines.
- Ability to build you the strongest case possible.
- Protection from low ball insurance companies.
Approximately 95% of all personal injury cases settle out of court. What this means is, that negotiation skills are far more important than a trial attorney.
Having someone that does this every day will make all the difference.
How to protect yourself after any accident
So my suggestion to you is this…
Treat EVERY accident like it could be a personal injury case.
What do I mean by that?
Follow these simple steps:
- Call the police and file a report.
- Take pictures of vehicle damage and the surrounding area.
- Exchange insurance information with the other driver.
- Seek medical attention within 24-48 hours, even if you feel fine.
- Make sure you document every doctor’s visit.
- Avoid answering any questions over the phone with insurance adjusters.
- Hire a lawyer before you accept any type of settlement.
Following this advice will protect you whether you were in a fender bender or serious crash.
You don’t want to find out down the road that you did have an injury and were not able to support it with documentation.
Wrapping things up
The difference between a fender bender and a personal injury case has nothing to do with your vehicle.
It has everything to do with injuries that you may have sustained during your accident.
Don’t be that person that thinks their accident wasn’t serious. See a doctor and get checked out. Document everything and know that you have options should an injury occur.
Your health is something you should always protect.
