Do I need a lawyer to defend an at fault accident?

Asked over 1 year ago - Altamonte Springs, FL

My wife was at a red light and thought she saw the car in front move. She attempted to catch up with the traffic she thought was moving and hit the car in front of her. The driver of the other vehicle declined to call the police or go seek medical assistance. Now he has an attorney and is claiming $50k medical expenses. This was a very low grade impact. the span of the accident was 3 feet from a stop. Should we hire someone for this?

Attorney answers (10)

  1. Jason D. Holbrook

    Contributor Level 12


    Lawyers agree

    Answered . No, you do not. You need to call your insurance company and report it to your insurance company and then forward any paperwork you recieve from the other person's attorney to your insurance company. They will retain an attoreny to defend you. This of course assumes you were insured.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be... more
  2. Michael Evan Greenspan

    Contributor Level 16


    Lawyers agree

    Answered . Your wife will only need to hire an attorney if the vehicle she was driving was not insured, and your wife was not covered under any other applicable auto insurance policy.

    You should immediately contact your auto insurance company and notify them of this incident. You should send a copy of the police accident report to the insurance company via certified mail. The carrier (assuming that you were insured) will retain counsel to represent your wife at its sole expense. Be sure to cooperate fully with this attorney and your insurance company.

    Additionally, your wife should not give a statement to the attorney or investigator for the injured person. Anything that she says, will be used against her.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  3. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Simply report to your insurance company to defend.

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  4. Michael Shemtoub

    Contributor Level 17


    Lawyers agree

    Answered . Yes. You should immediately contact a local attorney because it does sound like your wife will bear the fault of this. An attorney can protect your rights and advise you on how to mitigate the damages in your best interest.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. Brian J Esposito

    Contributor Level 9


    Lawyers agree

    Answered . It's up to you to hire a lawyer. Report the accident to your insurance company as soon as possible.

    Questions answered by me on AVVO does not create an attorney-client relationship.
  6. Walter C. Jones IV

    Contributor Level 2


    Lawyers agree

    Answered . You should contact your insurance company immediately and report this claim. As long as you have coverage for the accident under you policy, your insurance company will represent you and your wife in the claim. However, if you have assets to protect, you do have the right to retain an asset protection lawyer as well.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  7. Timothy James Ryan

    Contributor Level 5


    Lawyers agree

    Answered . Other drivers claims are highly inflated, your insurance company will recognize that. Let them handle it

  8. Lars A. Lundeen


    Contributor Level 20


    Lawyer agrees

    Answered . If you did not carry bodily injury liability insurance at the time of the incident, you probably should contact an attorney to represent your wife. If you are an owner of the vehicle your wife was driving, you too will be implicated in any damage claim if the accident took place in Florida.

    If you are insured, turn the entire matter over to your automobile liability insurance carrier and ask them to handle the matter for you. That is why you pay them a premium. They have an obligation to investigate the accident, defend you and indemnify you if necessary. Do not delay in reporting the incident to your carrier.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. .

    This ans. does not create an attorney/client relationship.
  9. Jason M. Melton


    Contributor Level 13

    Answered . Unfortunately some insurance companies have a pattern of exposing their own insured to risk of an excess verdict due to their own claims handling. For this reason, after you contact your auto insurance carrier, which should be done immediately, you may want to consider hiring personal counsel to shadow the insurance company; to remind them of the consequences of their conduct and hopefully help get the issue resolved before potentially putting your financial nest egg in front of 6 strangers.

    good luck

  10. Agustin Sevillano


    Contributor Level 8

    Answered . Assuming you had valid auto insurance at the time of the accident, then your auto insurance provider will provide you with a very competent attorney to handle your matter. One reason you may need to hire private counsel may be if the individual claiming injuries is demanding more than what your auto policy covers you for. However, this is a situation which your auto insurance attorney will keep you updated on throughout litigation. Good luck.

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