06/03/2022
The Top 10 Myths About Auto Accident Claims.
Myth #1: If you hire a lawyer it means that you need to file a lawsuit and will go to trial.
The Truth: The vast majority of insurance claims are settled before a lawsuit needs to be filed. We strive to present the insurance company with overwhelming evidence regarding your injuries and monetary damages before a lawsuit is filed. This leaves the insurance companies with little choice but to offer a fair settlement before getting involved in a lengthy and expensive lawsuit that they are likely to lose. Of course we are always ready to take your case to court if a fair settlement cannot be achieved beforehand.
Myth #2: If you're involved in an auto accident, the law says that you are 10% at fault just for being there.
The Truth: This is not the law. You are only negligent if you fail to exercise ordinary care. Ordinary care is the care which a reasonable person would use in similar circumstances. A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.
Myth #3: I can't afford to hire a lawyer.
The Truth: The attorneys at The Techmeier Law Firm only get paid when you do. In addition, the firm will advance all the costs of litigation. If you don't recover any money, you don't have to pay us!
Myth #4: My medical bills were covered by insurance, so there is no need to hire a lawyer.
The Truth: Medical bills are only one portion of a claim. Even if your current medical bills are being paid by insurance, your future medical bills might not be. You may also be entitled to money for pain and suffering, loss of earning capacity, and your spouse may be entitled to compensation for their loss of society and companionship. We have also found that clients with good health insurance tend to receive more money than those without health insurance. This is because Wisconsin Law states that you can recover the entire amount that your medical providers charged, regardless of how much your health insurance actually paid. Health insurers usually only pay a fraction of what medical providers charge. The reasoning behind this rule is that the person who negligently injured you shouldn't have to pay less just because you happened to have good health insurance.
Myth #5: My own auto insurance company is on my side.
The Truth: Insurance companies make money from keeping the premiums you pay to them, not from giving their insureds generous settlements. Even if the accident is someone else's fault, if that person is uninsured or doesn't have enough insurance to pay for your claim, you may end up having to make a claim against your own insurance company for the uninsured or underinsured motorist coverage that you paid for. Additionally, most Wisconsin auto policies have some level of medpay insurance, which will pay for medical bills regardless of who is at fault for the accident.
Myth #6: I don't need a lawyer because I can negotiate a settlement on my own.
The Truth: An insurance adjuster's full time job is to evaluate claims and pay as little money as possible. They know every trick in the book. No matter how smart you are, you will always be at a disadvantage negotiating directly with adjusters simply because they have far more experience than you. Hiring an attorney helps to level the playing field. This is our full time job too.
Myth #7: The person who hit me was so apologetic and seemed very nice. I can't make a claim against them.
The Truth: You will be going after the insurance company, not the person who hit you. And trust me, the insurance companies are not nice to anyone.
Myth #8: Every lawyer is the same, so it doesn't really matter who I hire.
The Truth: It does matters which attorney you choose to hire. Insurance companies know which firms have reputations for settling cases on the cheap. At The Techmeier Law Firm we prepare every case as if it was going to court and we aren't afraid to try cases.
Myth #9: Hiring an attorney and making a claim is a lot of work.
The Truth: Making a good claim is a lot of work, but that is our work. We strive to make the entire process as easy as it can possibly be for our clients. You have already been injured, the last thing you need to deal with are piles and piles of paperwork.
Myth #10: My injury doesn't seem so bad. Its not worth it to hire a lawyer.
The Truth: You only have one chance to collect damages, and many serious injuries don't start to show symptoms until well after the crash. Some of the saddest calls I take are from people who accepted a quick check and developed serious symptoms afterwards. It costs you nothing to call an attorney, isn't it worth a phone call to make sure that you preserve your rights?
