When to contact a traffic car accident lawyer !! Undoubtedly, if only minor damage to property resulted from the accident (for example following a rear-end collision at low speed), the CAI form was signed by both drivers and no critical issues emerged in the recognition of responsibility for the accident, it is very likely that the road accident compensation procedure can be managed directly by the injured party.
However, as anticipated, in many cases (especially in the case of a road accident with injuries) it is highly recommended to contact a lawyer experienced in road accident compensation in order to protect your rights in the best possible way.
With this article we will try to clarify the point, going to identify and deepen:
- the types of road accident that require professional legal assistance ;
- how to choose the right traffic accident lawyer .
When to contact a traffic accident lawyer
We have already said that it is not always necessary to involve a law firm for the compensation of damages from a road accident. In fact, when the dynamics are clear, there are no disputes and the damages are slight (and only to things), with some exceptions, it is likely that the injured party will be able to obtain compensation from the insurance without particular obstacles.
In all other cases, on the contrary, it is advisable to contact a lawyer experienced in road accidents and accidents. We must never forget, in fact, that when you manage the road accident compensation procedure on your own you will have to deal with the insurance companies that, legitimately, aim to maximize profits.
Not being assisted by a lawyer means that, in essence, the dynamics of the accident, the division of responsibility, the identification of the damages, and their monetary quantification will be defined directly to the subject (insurance) who is then physically required to liquidate them. It is clear that there is, at least potentially, a conflict of interest.
A lawyer who deals with compensation for damage from a road accident is, therefore, able to rebalance that physiological “imbalance of forces” that is created when a person finds himself in discussions with much larger and more experienced subjects, such as insurance companies.
Let’s now take a closer look in which situations it is strongly recommended to ask for the assistance of a traffic accident lawyer:
- Road accidents with injuries: all road accidents with injuries need to be meticulously followed up by a lawyer with experience in damages. This is due both because they involve the most important aspect of each individual, that is healthy, and because to obtain the right compensation it is necessary to have all the medical documentation analyzed (from the first aid report, up to recovery with or without sequelae). by a medical examiner or medical specialist. It often happens, in fact, that insurance company, while recognizing compensation for the injured party, greatly underestimate it when quantifying the damage to health suffered. Because of this, in most cases, it is appropriate that the lawyer who is entrusted with the claim for damages should appoint his or her own medical consultant to draw up a partisan medical-legal report that can more effectively counter the objections and the assessment of the insurance partner. For more information on the subject, I suggest you also look at the following page: Road accident with injured people.
- Road accident abroad or in Italy with a foreign license plate vehicle: these are types of accidents for which a specific compensation procedure is envisaged which requires the necessary involvement of an institutional subject external to the accident: the Italian Central Office (UCI). Given their “transnational” nature, these types of claims require the intervention of lawyers with specific skills for this sector.
- Fatal road accident: it probably seems superfluous to highlight the fact that these accidents, due to their tragedy and technical-legal complexity, need to be followed professionally by lawyers who know how to best protect the rights of the victim’s family members.
- Road accident with unidentified or uninsured vehicle: these cases are linked by the fact that it is not possible to involve the insurance of the person responsible for the accident in the request for compensation, because the person responsible remains completely unknown or because, even if identified, the vehicle it was not covered by mandatory third-party liability insurance. In order to guarantee compensation to the victims of these types of road accidents, in any case, a special fund called the “Guarantee Fund for road victims” has been set up, and administered, under the supervision of the Ministry of Economic Development, by Consap. To obtain compensation, therefore, it is necessary to follow a particular procedure that differs from the normal procedureand which therefore presupposes a specific competence on the subject.
- Road accident with damage to the third party (passenger compensation): the passenger of a vehicle (technically defined as “third party transported”) should suffer physical damage and injuries following a road accident, must follow a particular procedure (governed by art. 141 of the Insurance Code) to obtain compensation for damages suffered. In these cases, therefore, it seems appropriate to contact a lawyer expert in road accidents for two obvious reasons: both because they are accidents concerning the compensation of physical injuries (and therefore require careful medical-legal evaluation), and because they require a specific and differentiated procedure compared to other types of road accidents. For further information on the compensation for damages of the third party transported, I invite you to also read the following content: Compensation for damage to the passenger (third party carried)
- A Road accident involving a pedestrian: the pedestrian is the “vulnerable” user of the road par excellence. This is undoubtedly the person who is most exposed to the risk of injury in the event of a road accident and in many cases, unfortunately, serious or very serious damage to health can occur. Statistics show us that these types of accidents still occur too frequently and there are still many cases involving pedestrians hit on the strips. While it is true that in most cases the responsibility for the accident is clearly attributable to the driver of the investor vehicle, there are nevertheless cases (and the related jurisprudential rulings) in which a concurrence of fault (or even a responsibility exclusive) of the pedestrian in the cause of the accident. If you want to learn more about this particular topic, I suggest you also read the following content: Pedestrian investment: the driver is not always responsible.
- Road accident with a bicycle or scooter:these types of accidents have a common feature. In fact, they involve vehicles for which the mandatory stipulation of an insurance policy is not required to cover the liability for damage caused to third parties. Very often, therefore, the owners of bicycles and scooters do not take out any insurance policy (enormously underestimating the risk) and in the event of a car accident with fault they are consequently required to compensate the injured person with their personal assets. In other respects, accidents involving bicycles and scooters are particularly insidious because most of the time they involve physical damage to drivers who are particularly exposed to the dangers of the road. For all these reasons, they certainly fall into the type of road accidents that should be followed up by a lawyer expert in road accidents and compensation. For more information on road accidents with bicycles, I invite you to also read the following content:Road accident with bicycle .
- Road accident due to potholes or poor road maintenance:it is known that Italian roads are not always maintained in the best possible way. In fact, it often happens that the cause of a road accident, especially if it involves two-wheeled vehicles such as motorcycles, scooters or bicycles, is to be attributed to potholes or, more generally, to the deteriorated conditions of the road surface. Cyclists and motorcyclists, in particular, must pay the utmost attention to road conditions as there are some anomalies that, although “harmless” for cars, can, on the contrary, become highly dangerous for users of two-wheeled vehicles (for example eg many falls occur due to the so-called gravel). In fact, there are not rare cases in which a road accident occurs precisely due to poor road maintenance. In these situations, the injured party has the right to obtain fair compensation for the damage suffered by submitting the relevant request to the Body in charge of maintenance of the damaged stretch of road. Since it is very likely that the maintenance manager will deny his guilt, even for these types of accidents it is preferable to seek the assistance of a lawyer to fully protect their rights.
All the cases just examined, although different from each other, are characterized by a common factor: they are situations that present particular legal and technical problems and which, therefore, require specific knowledge and competence in the field of road accidents and damages.
How to choose the lawyer for the claim for damages from a road accident
After identifying the cases in which it is highly recommended to be assisted immediately by a lawyer specializing in road accidents, let’s now see what are the criteria to follow to choose the lawyer for compensation for road accident damage.
- Prefer competence to proximity : nowadays, thanks also to the continuous evolution of information technology, it is possible to assist each customer with competence and professionalism without worrying about the geographical distance. This is certainly an advantage for the user because it allows you to choose your lawyer without territorial constraints but based only on competence .
- Giving priority to specialization and experience in the field of road accidents: the world is evolving at surprising speeds for this reason it is increasingly difficult to maintain a high level of knowledge in every field of a complex and technical profession such as that of the lawyer. The figure of the “generalist” lawyer is in fact disappearing to make room for highly specialized legal professionals for single sectors or areas. For this reason, when choosing your lawyer for compensation for road accident damage, it is preferable to appoint a professional who is constantly engaged in this matter and updated on the latest developments in the sector.
- Relying on those who make use of a network of consultants for a multidisciplinary analysis of the case : following a road accident, especially if serious, the lawyer must be supported by other professionals who know how to evaluate the dynamics of the accident (kinematic expert) and quantify the damage from personal injury (forensic and / or specialist doctor). A lawyer who constantly deals with road accidents has the advantage of being able to offer his clients the advice of professional experts with whom he regularly collaborates in order to guarantee better evaluation and assistance.
- Preferring clarity on the procedure to be followed and the costs of assistance : one of the aspects that are certainly evaluated in the choice of the lawyer to whom to entrust the request for compensation is given by the costs and complexity of the procedure to be followed. For this reason, it is certainly preferable to choose a lawyer who, from the first meeting, explains with simplicity and transparency the procedure to be followed and the fees due to the professional for assistance.
