Should I Get a Lawyer for a Minor Car Accident?

The question, ‘Should I get a lawyer for a minor car accident?’ often arises after what appears to be a simple fender-bender. However, the perceived simplicity of a minor collision can be deceptive. Even seemingly insignificant accidents can lead to unforeseen issues, such as delayed onset injuries, disputes regarding liability, or challenging interactions with insurance adjusters.

At Parnall Law, we understand that navigating these complexities can be daunting. We advocate for a thorough assessment of every car accident, regardless of its initial appearance. A consultation with us allows us to evaluate your situation’s details, clarify your legal rights, and determine if legal representation is necessary. We are dedicated to ensuring that New Mexico residents are well-informed and protected, empowering them to make informed decisions following any automotive incident.

What Is a Minor Car Accident?

A minor car accident, commonly called a “fender bender,” generally results in little to no injuries and minimal property damage. For example, a car backing into another vehicle in a parking lot or a low-speed collision at a stoplight often falls into this category.

AJS says accidents deemed “minor” typically do not result in severe vehicle damage or physical injuries. However, appearances can be deceiving. A simple incident might later reveal hidden injuries, such as whiplash or unreported damages, that can escalate repair expenses.

Steps to Take After a Minor Car Accident

Knowing what to do immediately after an accident can help ensure a smoother recovery process, prevent disputes, and protect your legal rights.

1. Check for Injuries and Ensure Safety

First, make sure that no one is injured. If there are injuries or significant vehicle damage, call the authorities immediately. Always prioritize safety by moving vehicles to the side of the road if possible. Turn on hazard lights to alert other drivers and prevent further collisions. If someone is injured, avoid moving them unless there is an immediate danger, such as a fire or oncoming traffic. Instead, wait for emergency responders to arrive.

2. Exchange Information

Gather the driver’s contact details, license plate number, insurance information, and vehicle make and model. This step is crucial for filing insurance claims. Additionally, note the accident’s time, date, and exact location. If the other driver is uncooperative, do not argue; wait for law enforcement to handle the situation. If the other party lacks insurance, obtain as much identifying information as possible and consult an attorney about your options.

3. Document the Scene

Take photos of the accident scene, vehicle damages, and the surrounding area from multiple angles. If there are any witnesses, ask for their contact details if you need their statements later. Additionally, capture any road signs, weather conditions, and skid marks that may provide context for the accident. Make notes or voice recordings detailing the events leading up to the crash to ensure you have accurate information.

4. File a Police Report (If Necessary)

Even for minor accidents, some states and insurance providers may require a police report. Double-check your insurance policy to see if it’s needed. Having an official report can help establish fault and protect you from false claims. When speaking with law enforcement, provide factual details without admitting fault. Request a copy of the report for your records, as it can be helpful for insurance and legal proceedings.

5. Notify Your Insurance Company

Contact your insurance provider to report the accident. However, refrain from making detailed statements or accepting liability until you’ve consulted with a lawyer, especially if there’s any chance of disputes over the claim. Be honest about the facts, but avoid speculation. If the insurance company requests a recorded statement, consider seeking legal advice before providing one. Keep track of all communications with the insurance provider, including emails and phone calls, for reference in case of disputes.

Should I Hire a Lawyer for a Minor Car Accident?

Handling the situation alone is okay if no one is injured and the damage is minimal. However, even in seemingly minor car accidents, hiring a lawyer can offer several key benefits:

Protecting Against Hidden Issues

What appears to be a minor accident may have consequences you don’t foresee. For instance:

• Injuries like whiplash or soft tissue damage may not present symptoms until days or weeks later.
• Even minor cosmetic damage repair costs can grow with labor or part replacement.

For example, a driver in a low-speed accident in Albuquerque assumed they had no injuries. Weeks later, they experienced neck pain and discovered they had whiplash. Without a lawyer, they may have accepted the insurance company’s initial low offer, unaware that medical expenses would continue to rise.

Negotiating a Fair Settlement

Insurance companies are often more concerned with their bottom line than your best interests. They may:

• Downplay your injuries or the damage to your car.
• Offer a settlement that doesn’t adequately cover expenses.

An experienced attorney can help negotiate a fair settlement that accounts for your medical bills, repair costs, and any emotional distress caused by the accident.

When the Other Driver Disputes the Fault

If the other driver denies responsibility or provides conflicting information to their insurance, an attorney can help collect evidence, such as crash scene photos or surveillance footage, and strengthen your case.

Guidance Costs You Nothing Upfront

Most personal injury lawyers, including Parnall Law, offer a free initial consultation, and you only pay if they secure compensation for you.

How Can I Deal With the Insurance Company?

Communicating with insurance companies following a minor motor vehicle accident is hard. Be cautious with what you say when you call your insurance company or the other driver; do not say anything about being at fault or state that you “feel fine” since some injuries may take a while to manifest. Stick to simple, factual statements.

Document everything by sending your insurance company the pictures, the police report, and everything you collected at the accident scene because documentation can be helpful in a claim negotiation. Don’t accept the first offer because insurance companies will always offer you a low first offer so they can settle the claim immediately.

Contact Parnall Law Today

Don’t navigate the aftermath of an accident alone. Contact Parnall Law at (505) 268-6500 for a free consultation. Our experienced attorneys are ready to fight for your rights and ensure you receive the compensation you deserve.