Do Car Accident Lawyers Help You In Claiming Insurance?

Legally Reviewed and Edited by: Terry Cochran

Filing an insurance claim can be overwhelming, especially if you are injured, and the other driver is underinsured or not insured. Hiring a car accident lawyer can help you navigate the legal system and ensure that you receive fair compensation for your injuries and damages. You have the right to hire legal representation at any time throughout the insurance claim process or when pursuing a personal injury lawsuit.

Learn how a qualified auto accident lawyer from Cochran, Kroll & Associates, P.C. can help you understand your rights and guide you through the claims process, from filing paperwork to negotiating with insurance companies.

Can a Lawyer Help Me File With the Insurance Company?

A personal injury attorney can help you file a claim with your insurance company or a third-party claim after a motor vehicle accident in Michigan.

The car accident attorneys at Cochran, Kroll & Associates, P.C. can assist you in understanding the process of filing a claim and gathering the documents and evidence you need to win a settlement. We will help you negotiate with the insurer for a fair payout and navigate complicated case elements like multiple involved parties.

If the insurer refuses to pay you what you’re owed, we can also help you file a personal injury lawsuit within the three-year statute of limitations to seek the maximum amount of damages possible.

What is My Lawyer’s Role in the Insurance Claims Process?

Your lawyer’s specific duties in a car accident claim will vary depending on the status of your claim and any challenges you encounter. They will communicate with insurance adjusters on your behalf and ensure you receive a fair settlement. The role of your auto accident attorney may include:

Collecting Evidence of Damages

Your insurance company will require proof of your damages when you’ve been involved in a car accident. This may include medical bills, valuation of damaged property, and pay stubs that prove lost wages.

Our legal team will investigate your case and collect evidence to support your claim. This may include requesting video from nearby security or traffic cameras, speaking with witnesses who saw the accident, and obtaining invoices or bills from medical providers or auto body shops.

Our attorneys will include these elements in your claim, along with a demand letter that asks for a fair settlement based on the evidence.

Filing the Initial Claim with Your Insurance

Since Michigan is a no-fault state, you will initially file a claim with your insurance company. When you hire an attorney early on in the process, they will have a clear understanding of your insurance policy, including the types of coverage you have and its limits. This will help you understand what you are entitled to receive in terms of compensation.

We will assist you with filing the claim and speak to the claims adjuster on your behalf. When doing this, we will need to provide the insurance company with information about the accident, including the date and time of the accident, the location, the names of the parties involved, and the names and contact information of any witnesses.

In addition, we can help you understand the legal deadlines and procedures involved in the claims process and ensure that all paperwork is filed correctly and on time.

Negotiating a Fair Settlement from Your Insurance

Insurance companies often have their own interests in mind and may not offer a settlement that fully compensates you for your injuries and damages. However, with the help of a car accident lawyer, you can increase your chances of receiving a fair settlement.

Our Michigan car accident lawyers can gather and present evidence to support your claim, such as medical bills, repair estimates, and witness statements. When negotiating a settlement, we can help you understand any counteroffers and advise you on whether to accept or reject the offer.

Filing a Claim Against the Other Driver

In Michigan, if you are involved in an auto accident with another driver who is at fault, you may be able to file a compensation claim with their insurance company to receive compensation for your injuries and damages. This is known as a third-party insurance claim.

You can file a third-party claim if your injuries exceed the state’s serious injury threshold; for instance, you suffered a severe spinal cord injury or dismemberment due to the accident. This claim allows you to seek damages for medical costs, lost wages, rehabilitative care, and pain and suffering.

If the at-fault driver does not carry the required minimum liability insurance, your attorney can help you explore underinsured or uninsured motorists coverage in your policy. Most under or uninsured motorists policies let you file a claim for up to $20,000 per individual or $40,000 per accident in Michigan. It pays for damages like medical bills and lost wages but won’t cover property damage to your vehicle.

Proving the Other Driver was At Fault

There are several ways we can prove that the other driver was at fault in a car accident in Michigan. One of the most important is to provide evidence from the police report. The police report includes information about the accident, such as the location, the names of the parties involved, and a description of the events leading up to the accident. It may also include information about any citations or charges issued to the other driver.

Witnesses who saw the accident can provide valuable information about who was at fault and what caused the accident. They can also provide information about the other driver’s actions leading up to the accident, such as whether they were speeding, distracted, or under the influence of drugs or alcohol.

We can also use physical evidence such as pictures of the scene, video footage, and data from the vehicle’s black box to strengthen your claim.

The Michigan legal system operates under a modified comparative fault rule. This means that if both parties were at fault, the court will determine the percentage of fault for each party. If you are considered partly at fault, you may still be awarded compensation, but the amount will be reduced by the percentage of fault you hold. If you are more than 50% responsible, you lose the right to damages.

Arguing for Non-Economic Damages

Arguing for non-economic damages in a car accident case is a way for your attorney to seek compensation for the intangible losses and harms you have suffered due to the accident. These damages are also known as pain and suffering and can include emotional distress, loss of enjoyment of life, and physical pain.

When arguing for non-economic damages, it is essential to provide evidence demonstrating the extent of your injuries and their impact on your daily life. This evidence can include medical records, testimony from doctors and other medical professionals, and testimony from friends and family members who can attest to the changes they have noticed in you since the accident.

Your attorney will clearly and persuasively argue why you deserve non-economic damages. We will articulate the specific harms and losses you have suffered, such as the inability to engage in activities you used to enjoy, and how your injuries have affected your relationships and overall quality of life.

car accident lawyers

When You Need to Hire a Car Accident Attorney

Anytime you are involved in a car accident, it’s helpful to schedule a free consultation with a personal injury attorney. A complimentary case review lets you discuss your damages and understand your rights for compensation. While not all cases require you to hire a lawyer, you will likely experience a better outcome with an attorney in the following situations:

Your Insurance Won’t Pay What You’re Owed

Assuming you have the coverage required under Michigan law, your insurance company is obligated to compensate you for your medical bills, lost wages, and any property damage, excluding your vehicle. They are also held to optional policies you have purchased, such as collision coverage, which covers damage to your vehicle, and uninsured motorist coverage.

However, some insurance companies try to avoid paying you what you’re owed. They may attempt to exploit a loophole in your policy or deny your claim on a technicality. These bad faith practices are illegal in Michigan, and a skilled auto accident attorney at Cochran, Kroll & Associates, P.C. can help you hold insurers to the legal standard.

You’ve Reached the Maximum Coverage of Your Policy

All Michigan drivers, by default, are provided unlimited PIP coverage. If you opt out of unlimited PIP coverage and are injured in an accident, your insurance will only cover up to the amount specified in your policy. In some cases, the specified amount will not be enough to cover your medical costs.

Once you reach the maximum coverage of your policy, you have the option to file a claim with the other driver’s insurance to cover your medical expenses. Hiring an attorney can help you file the claim on time, provide persuasive evidence of your claim, and negotiate for a fair payout from their insurer.

You Suffered Serious Injuries in the Accident

If you were permanently disabled or disfigured in the car accident, Michigan law gives you the right to seek compensation for non-economic damages. Since these damages are subjective, it’s wise to consult an attorney. We can determine what types of non-economic damages you can claim and build a strong argument for each.

The Other Driver Does Have Insurance in Michigan

In Michigan, all drivers are required to have car insurance, but some drivers may not have insurance or may not have enough insurance to cover the damages caused in an accident. If the other driver is uninsured, you may be able to file a claim with your own insurance company through your uninsured motorist coverage. This type of coverage is required in Michigan and is designed to provide protection in the event of an accident with an uninsured driver.

If you have uninsured motorist coverage, your insurance company will step in to cover the damages and expenses resulting from the accident up to your policy’s limit. However, you may have to pay a deductible, and your insurance company may also seek reimbursement from the other driver if they are found to be at fault.

Another option is to file a personal injury lawsuit against the other driver. Even if the other driver does not have insurance, you may still be able to sue them for damages. However, if the other driver does not have any assets or is unable to pay, it may be difficult to collect any compensation.

Your Claim is Denied

It’s important to understand the reason why your claim was denied. Your insurance company should provide a written explanation of the denial, including the specific policy provisions or legal reasons used to justify the decision.

We can review this information and determine whether there are any errors or mistakes that can be corrected or whether there is additional evidence that can be provided to support your claim.

If you believe your claim was denied in error, we can help you appeal the decision to your insurance company. This typically involves submitting additional documentation or evidence to support your claim.
If your claim is denied and all other options have been exhausted, we can help you file a lawsuit against the insurance company or the other driver.

I’ve Already Filed an Insurance Claim. Can I Still Get an Attorney?

Yes, you can hire an attorney after you have filed a claim for damages or injuries resulting from a car accident. It may be beneficial to have an attorney review your case and advise you on the best course of action before you file a claim. This can help ensure that your claim is properly documented and presented to the insurance company or other parties involved in the case.

An attorney at our law firm can help you understand the legal process and your rights and assist you in gathering and presenting evidence to support your claim. We can also help you negotiate a fair settlement with the insurance company or other parties involved in the case.

If you didn’t have the chance to consult with an attorney before filing your claim, or you suspect you’re headed for a lengthy legal battle, schedule a free consultation with our law firm as soon as possible.

Get the Car Accident Settlement You’re Owed

Simplifying every step of the insurance claims process requires the help of a skilled legal team. The experienced attorneys at Cochran, Kroll & Associates, P.C. have won millions for car accident victims in Michigan. We will fight on your behalf to get you the payment you deserve so you can focus on your physical and emotional recovery.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Riley Emerson is a freelance writer whose work focuses on improving legal accessibility and justice. He enjoys relating complex legal issues in a straightforward way, so people can get the legal help they need.



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