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Do You Need To Hire An Accident Attorney For an Insurance Claim?

We’ve all seen the billboards and commercials claiming the first call you should make after an automobile crash is to an accident attorney. Friends and family might lovingly advise you to get help navigating the claim process after an auto accident. But is it necessary?

Many are influenced by the idea that claims cannot be settled without legal intervention. But that is simply not the case for most claimants, according to the Insurance Resource Council (IRC) senior vice president Elizabeth Sprinkel in an article by the Insurance Journal. “It is a myth that most attorney involvement in auto injury claims arises because a claimant has difficulties settling a claim,” Sprinkel told the Insurance Journal. Further research by the IRC shows that two-thirds of claimants hired an accident attorney within one week of their auto accident, not after difficulty processing a claim.

In recent years this trend has continued to rise. Nearly half of all drivers involved in an auto accident contact a lawyer. While some cases benefit from legal expertise, most claims do not require any legal help to get resolved. Some are actually hindered by the involvement of a lawyer. The IRC found that claimants represented by an accident attorney were more likely to experience the following:

  • Lower net payments for claims
  • Claim abuse
  • Slower payment of claims
  • More likely to spend time in a pain clinic


Doug Fudge, president of Fudge Insurance agrees that contacting an accident attorney before any problems arise is unnecessary. “Contacting a lawyer is a last resort option if you aren’t getting anywhere with the claim or if you feel you are not being treated fairly,” Fudge explained. “Most insurance companies want to help in your time of distress,” he adds.

The Insurance Information Institute also cites contacting an accident attorney as a last result. They suggest the following steps to solve a claim before hiring legal representation:

Tell your insurer you’re upset.

Don’t be afraid to contact your insurance provider and share your displeasure with how your claim is being handled.

Document your claim and send relevant info.

Write a letter that details your experience with facts and figures and includes your claim number and contact info.

Check Your Policy for Help.

Most companies offer arbitration to settle disputes as part of your policy.

Contact Other Professionals.

Your state insurance department can act on your behalf if your claim is chosen to be reviewed. For a fee of about $200, you can also find an independent arbitrator through the American Arbitration Association.

Your insurer is ready and prepared for a time like this. Contact your agent to have an open and honest discussion if you feel your claim is not progressing the way you expect.