Should I hire a lawyer?
I was recently involved in a collision where the other driver was at fault. He was arrested on the scene because he had a warrant, and both vehicles were totaled. Unfortunately, I don’t have collision insurance. My friends are suggesting I hire a lawyer, but I’m not sure it’s necessary since this primarily involves property damage. Am I thinking about this the right way?
Regarding the other driver, he was uninsured and driving his girlfriend’s car. I’ve already contacted her insurance company, and the adjuster mentioned that my claim might progress to small claims court or I could be reimbursed for the total loss. However, they haven’t offered any rental coverage yet because the driver who hit me didn’t have insurance, and they are still investigating the situation.
What should I do next? Should I wait for the adjuster to process my claim and send me a check, or would it be beneficial to involve a lawyer in this scenario?
It sounds like you’re in a challenging situation, and it’s understandable to feel uncertain about whether to involve a lawyer. Here are a few points to consider that might help you make your decision:
Liability and Insurance: Since the other driver is clearly at fault and was uninsured, pursuit of damages through the girlfriend’s insurance seems to be the most logical path. However, this can sometimes be complicated, especially if their insurance company has not yet made a decision or is still investigating the claim.
Complexity of the Case: While you’re currently dealing with property damage, if you encounter complications—like delays in payment or disputes over the total loss value—it might be beneficial to have a lawyer who specializes in auto accidents and insurance claims. They can help advocate on your behalf and navigate any legal nuances.
Small Claims Court: If the insurance claim does not resolve satisfactorily, having a lawyer can help you understand the small claims process and prepare your case effectively.
Fair Compensation: A lawyer can ensure that you’re receiving fair compensation for the total loss of your vehicle, especially if negotiations with the insurance adjuster become complicated. They can also advise you on whether you might be entitled to additional damages, such as for rental costs or other expenses related to the accident.
Consultation: Many lawyers offer free consultations. It might be worthwhile to speak with one to get their perspective on your situation and whether they believe you need representation.
Ultimately, if the process is moving along smoothly with the insurance adjuster and you’re confident in their communication, you may choose to wait. However, if you experience any roadblocks, consulting a lawyer could be a prudent step.