by: Attorney, Kevin P. Fine
At the time of the accident:
**Check on the condition of the person or persons in the other automobile. If anyone may be injured, call 911.
**Call the police and have them make a report. (If there is no injury, and only very minor property damage, it is permissible to skip this step, but having a police report may still be useful in the future.)
**Exchange insurance, identification, addresses and phone numbers with anyone else involved in the accident.
**Take the names and phone numbers of any witnesses.
After the accident:
**Notify your insurance company and give them the information you have regarding the other parties involved, including witnesses.
**Call Davis Miles (New Mexico) at 800-435-3290
What can Pre-Paid Legal Do?
**We can tell you about your rights and obligations, and advise you whether or not to speak to another party or other party’s insurance company.
**We can assist in defending you if you have received a traffic citation.
**We can write a letter for you or review a letter from another party or an insurance company.
**We can discuss the advantages and disadvantages of hiring an attorney to assist you in settling your claim.
Should I hire an attorney to assist me in collecting on my claim against the other party or insurance company?
Making an insurance claim is a legal matter, so using an expert in legal matters (an attorney) is something you should consider. Here are some common concerns about hiring a lawyer for your claim:
"Lawyers are Expensive"
Here’s the good news: In a personal injury case, the attorney is paid only if a settlement or judgment is successfully obtained. This should take some pressure off of you on the financial front and allow you to focus on healing. It also creates incentive for your lawyer to effectively represent you in the claim.
"Lawyers Will Take Money I Could Have Kept"
This one seems obvious, doesn’t it? If you share a percentage with an attorney, you will get less money, right? Not usually. Here is a hypothetical to illustrate why you will often have more money even after paying an attorney in a personal injury claim: At the end of her treatment, Ann has $3,000 in medical bills. On her own, she makes a claim, and the insurance company ultimately offers her $4,000 total for her personal injury claim. After paying her medical bills, she would keep $1,000. Now, let’s say that Ann hired a lawyer instead, and the lawyer gets an $8,000 offer to settle. Her attorney negotiates the medical bill down to $2,500 and takes $2,000 for a fee. If the costs are $100, then Ann pockets $3,400 after paying everyone—more than 3 times what she would have achieved on her own. Plus, an attorney did the work and Ann avoided the headaches of dealing with the insurance company.
Every case is different and no one can guarantee a particular result. But similar scenarios play out every day. The discrepancy is often even greater in serious injury cases. You may be asking, as we do, why the insurance companies don’t just offer more money to the individual making a claim without a lawyer. We have concluded that many claimants must be accepting the low offers. A lawyer can help protect you from that same mistake.
If you have specific questions about this subject, feel free to call Davis Miles using your LegalShield benefits. One of our attorneys will be happy to speak with you. The numbers are located on the back of your membership card: 505-246-0231 (Albuquerque) or 800-435-3290 (statewide).