ANSWERS: 3
  • This will depend on the agreement you have with the lawyers. If I understand things correctly, most personal injury lawyers work on contingency. This means that they take a percentage of whatever settlement you get. So, technically, their fees are covered in the compensation that you receive. However, I would ask you to consider something else. Do you really need a lawyer in this matter. I was in a car accident myself last summer. Just like you it was not my fault. Fortunately, no one was seriously injured. (My neck was a little sore for a few days, but that cleared up and I have had no problems with it since.) There was a fair amount of damage to my car though. I contacted the other guy's insurance company and they were very helpful. They paid for the repairs to my car and now you can't even tell that it was in an accident. As a matter of fact it looks better than when I bought because one of the panels that had to be replaced had a dent in it when I bought the car. The point is, I did not need a lawyer to get my just compensation for the accident. I think that many times we as a society are too quick to go to lawyers when we have a problem. The result is too many unnecessary lawsuits over things that could be resolved without taking such measures. The result is that we all pay more than we have to for just about everything to cover the cost of these lawsuits. So, before you go hiring a lawyer, look at your situation and decide if you really need one. Don't look at this situation as an opportunity to get rich on the back of the other guy (not that I am saying that you are). Rather look at what it will take to make you whole and whether you can get that from the other guy and/or his insurance company. If they are not willing to make you whole, then bring in the lawyers.
  • To add to Glenn Blaylock's answer, which is great advice, I would say that if you were injured in the accident your compensation can change quite a bit by hiring a personal injury lawyer. Setting aside the people that bring lawsuits frivilously, if you are injured and go through the other person's insurance, you may only collect the amount of damages ($$) that you incurred out-of-pocket. Frequently the cost to you is more than what you paid to your physician. You may have missed work due to your injuries, be unable to participate in activities with your friends or family that you ordinarily participate in, or may have injuries that will require a physician's care now and in the future, or have permanent scarring. Sometimes, if you contact the other insurance company on your own, you may not be aware of the many aspects of the accident that you should be compensated for and their insurance company will usually not volunteer this information. In this instance, you my do better by hiring a personal injury attorney. If you are not injured or merely have a minor injury and only suffer property damage then you would do better to just settle on your own with the other insurance company. (Keep in mind that some will tell you where to take your car to be repaired and that you have the right to get your car fixed at a mechanic of your choice if the repair estimate is reasonable.)
  • If you are seriously injured, yes. If not, you can do it yourself. Do not expect any insurance company to "be on your side" however.

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