Do you need an attorney if the other party was at fault and they have auto insurance?

Answer

In most cases you do not need an attorney where there is only property damage and there is no dispute over which driver was at fault.

The problem is that many adjusters know that you do not want to retain an attorney and pay his fee. Therefore they will only offer you the wholesale value of your vehicle if it is totaled. You are entitled to the retail value plus sales tax. Be prepared to argue.

The other problem when a vehicle is totaled is that you may owe more than the vehicle is worth. Many drivers find themselves in the situation of having to buy another vehicle while still owing a substantial amont of the wrecked car. Be sure that you purchase 'gap" insurance to cover such a loss.

lwpat http://www.speedingticketcentral.com

Answer

You do not need an attorney if the other person's insurance company is accepting liability. I would not get an attorney unless the other party has denied liability and you are hurt. If you are not hurt and you are just trying to recover your auto damages there are more cost effective/time effective options.

I had a situation where I was going through a green light when the guy on the cross street ran a red light and t-boned me. He was clearly at fault but his insurance company wouldn't accept liability because they couldn't get ahold of their insured. That went on for over 3 months! Clearly the guy was never going to talk to his insurance company.

Instead of getting an attorney, I hired a subrogation company to handle my claim. They filed arbitration against the other insurance company and forced them to pay my full claim. It worked really well. it was faster and cheaper than getting an attorney and I didn;t have to negotiate or take a reduced settlement. I used a company called Cerberus Subrogation Professionals. Their website is www.cerberussubro.com if you want to get in touch with them.

First answer by tina jacks. Last edit by Rhuffington. Contributor trust: 0 [recommend contributor]. Question popularity: 152 [recommend question]

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