You can represent yourself or you can hire counsel. If you represent yourself, you need to be sure to obtain proof of the policy limits that cover the claim (this includes any primary policy as well as any excess policies) so you know what amount of $ is available to resolve your claim (any tortfeasor remains liable over and above insurance limits, but collectability can be a problem in such an instance). Then you need to be able to articulate what your damages are and what amount of $ will reimburse you for your damages (this is difficult to know without experience in handling similar claims). The insurer will typically look at "specials" (the amount of provable economic costs as a result of the crash, such as wage loss, medical bills, property damage, etc.) to get an idea of how big or small the claim is. You may want to either hire an experienced lawyer or do a search of verdicts/settlements in your jurisdiction re: similar claims. Then factor in that any resolution without counsel will give you all the $ and any resolution with counsel will require paying the attorney expenses and agreed to fee. Only you can then decide if with the pool of available money, and your familiarity/lack of familiarity with the value of your case, suggests hiring counsel or not. As a lawyer I should probably tell you to definitely hire counsel, but if there is a very small policy, and your damages are very big, you may be better settling for policy limits without an attorney (as long as you don't leave any limits "on the table" and do find out if there are any excess policies available and collect on them as well to the extent they exist)?
Answered on May 29th, 2015 at 10:43 AM