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Do I Need a Lawyer if the Insurance Company Accepts Liability?

After a car accident, some victims try to handle the claims process themselves. These victims are often induced by insurance adjusters who “accept liability” for a collision and downplay the need to consult with an attorney. Unfortunately, failing to retain—or at least consult with—an accident attorney could be a costly mistake. 

The Role of an Insurance Adjuster

A picture of property damage caused by a negligent driver handled by Harlingen accident attorney Robert Davis Jr.

An insurance adjuster’s job is to evaluate claims and determine if and how much the insurance company should pay for a loss. An adjuster is an agent for the insurance company, not for the victim. 

When an adjuster accepts liability, the adjuster signals that the at-fault driver is legally responsible for causing the collision. However, accepting liability for causing a collision is different from accepting responsibility for causing the victim’s damages. Insurance adjusters routinely argue about the extent of a victim’s damages even after accepting liability. Further, an adjuster’s decision to accept liability is not binding, and the adjuster can subsequently deny liability and force the victim to prove negligence at a later time.  

The Role of an Accident Attorney

While adjusters work for insurance companies, attorneys must act as fiduciaries for their clients. The fiduciary relationship requires attorneys to put their client’s interests first, even if doing so would go against the attorney’s interests. 

Some victims try to handle a claim personally but eventually realize they need an experienced injury lawyer on their side. Unfortunately, most victims do not have formal legal training or the experience handling insurance claims to spot pitfalls before it is too late. Generally, the longer the victim cooperates with the insurance company without representation, the more likely the victim has inadvertently damaged the claim and its value. In some extreme instances, the victim realizes this when it is too late for an attorney to help salvage a claim.

Speak With an Experienced Injury Lawyer After a Car Wreck

There may be some instances where a claimant need not consult with an attorney. However, it is not always apparent when a claim is so minor that a claimant could forego formal legal representation. Since most attorneys do not charge for initial consultations, accident victims do not lose much by discussing an injury case with an attorney, even if the adjuster has accepted liability. 

If someone’s negligence injures you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.