By Dougherty & Holloway, LLC · Last updated
Short answer: not always. If nobody was hurt, the damage is only to your car, and the insurance company is treating you fairly, you can often handle the claim yourself. If you were hurt, if fault is in dispute, or if the insurance company is making things hard, it's worth talking with a lawyer. Most personal injury lawyers, us included, offer a free consultation, so finding out costs nothing.
This guide is general information, not legal advice about your situation.
When you probably don't need a lawyer
You can usually handle the claim on your own if all of these are true:
- No one in your car was hurt, and you haven't had pain or symptoms in the days since the crash.
- The other driver clearly caused the crash, and their insurance company has accepted fault.
- The only damage is to your vehicle, and the repair estimate or total-loss offer seems fair.
- You didn't miss work.
- The other driver had insurance.
For a property-damage-only claim, document everything, get repair estimates, and keep copies of what you send the insurer. If the offer for your car seems low, you can push back with your own estimates and listings for comparable vehicles.
When it's worth talking with a lawyer
Get a free consultation if any of these apply:
- You were hurt. This includes injuries that seemed minor at first, like neck or back pain, headaches or dizziness. Some injuries, such as concussions and soft-tissue injuries, show up or get worse days later.
- You needed medical care, like an ER visit, physical therapy, chiropractic care, imaging or follow-up visits.
- You missed work or can't do your job the way you did before.
- The other driver is blaming you, or the insurance company says you were partly at fault.
- The other driver had no insurance, not enough insurance, or left the scene.
- The insurance company wants a recorded statement or is pushing you to sign a release quickly.
- A commercial vehicle was involved, such as a semi-truck, delivery van or company car.
- A city, county or state vehicle or road was involved. These claims can have short notice deadlines.
- Someone died.
"Minor" crashes can still cause real injuries
A crash doesn't have to total a car to hurt someone. Low-speed rear-end crashes, for example, can still cause neck and back injuries. The amount of damage to the car doesn't always match the injuries to the people inside it. Insurance adjusters sometimes use light vehicle damage to argue that you couldn't have been hurt. Your medical records are what count.
That's why getting checked out after any crash matters, even if you feel fine.
Missouri rules that affect "simple" claims
- Pure comparative fault. Even a small share of fault reduces what you recover. Insurers sometimes push blame onto you in small cases because it lowers what they pay.
- Seat belts. Not wearing a seat belt can only reduce damages by up to 1% under RSMo 307.178, and only with proof. If an adjuster says it ruins your claim, that's not accurate.
- Uninsured motorist coverage. Every Missouri auto policy has to include it. If the other driver had no insurance, your own policy may cover your injuries.
- State report. If the crash involved an uninsured driver and someone was hurt, or property damage went over the state's threshold, RSMo 303.040 requires a written report to the Department of Revenue within 30 days.
- Deadlines. Most injury claims have five years, but evidence fades much faster.
What happens if you settle on your own
If you settle an injury claim, you'll be asked to sign a release. Once you sign, the claim is usually closed for good, even if your injury turns out to be worse than you thought. Before you sign anything for an injury, make sure you know:
- your diagnosis
- your future treatment
- your total medical bills
- your lost wages
What a lawyer actually does on a smaller injury claim
- Finds every source of coverage, including the other driver's policy, your UM or UIM coverage, and medical payments coverage
- Handles calls and paperwork with the insurance companies
- Gathers medical records and bills, and documents how the injury affects your life
- Pushes back when the insurer disputes fault or your treatment
- Helps you decide whether your claim is one you can handle yourself
How much does it cost to ask?
At Dougherty & Holloway, the consultation is free. If we take your case, we work on a contingency fee, which means attorney fees come out of a recovery, not out of your pocket upfront. Ask us how fees and case costs work before you sign anything.
Talk with a trial attorney in Liberty
Dougherty & Holloway is a personal injury law firm at 9 Westowne Dr, Ste B, in Liberty, Missouri. Partners Ed Dougherty and Philip Holloway have more than 80 years of combined experience, and you work directly with them.
Call (816) 891-9990, Monday through Friday, 8:00 AM to 5:00 PM, or request a free consultation.