Should I Get a Lawyer for an Auto Accident Claim?

Full Question:

I was in a car accident that was the fault of the other driver and he admitted it. Problem is that my daughter who is 18 but lives with her Dad, which has had custody of her, was with me and we were both taken to the hospital by ambulance. She bumped her head and my wrist was sore from holding on to the steering wheel at impact. Both air bags deployed. Car was totaled. I was not xrayed and told I would be a little sore. It has been 2 weeks and I still have trouble with my wrist & arm. I have no insurance and was told that my insurance will cover $1,000.00 for my injuries. My daughter gave the hospital her insurance card through her Dads insurance. I have received no bill from anyone on medical expenses and know that at some point his insurance company will want to go after someone. I need to get my arm looked at but am afraid that I am already going to exceed my $1000.00 limit since there was an ambulance involved. My Insurance said they are not big fans on lawyer-ing up but I wonder how complicated this could get since there is mine and my daughters insurance co. involved, not to mention that she is still complaining of headaches but they have not been able to determine why. This tells me that there has been some doctor visits also. What should be my plan here to safeguard myself from all of this. Any recommendations?
02/18/2010   |   Category: Personal Injury   |   State: Illinois   |   #21021

Answer:

Generally, insurance companies discourage people from seeking legal assistance because once a person is represented by an attorney, they will typically have to pay more to settle the claim than they would to a person without an attorney. It is not recommended to give a statement to an insurance company before speaking with an attorney. If the driver of the other vehicle is uninsured, then you may need to pursue a claim against your own insurance company. You have a duty to cooperate with your own insurance company, but it is important to consult with a lawyer before providing such a statement.

If you are experiencing pain and try to "tough it out" for several days or more, then you may have difficulty convincing an insurance company, jury or judge that your complaints were caused by the accident. If you have an injury that is untreated and/or becomes worse, the other party may deny liability and claim that the failure to seek treatment is the cause of the injuries suffered, or at least aggravated the condition complained of.

I am prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest you consult with a local attorney who can review all the facts and documents involved. Many attorneys will offer a free initial consultation.