The answer is "yes", sometimes it can be a good idea to handle your car accident case without an attorney. For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and you do not have a permanent injury it may be in your best interests to try to settle the case on your own. In fact, our office does not accept car accident cases if the person has less than $5,000 in total medical expenses, unless there are permanent injuries. If you decide to proceed in your car accident case without an attorney there are 3 things that you should know. 1.
Negotiating with the insurance adjustor is an important part of resolving a car accident claim and here are some pointers. You should prepare before speaking with the insurance adjustor and know your facts. Also, you should have a confident, but polite attitude with the insurance adjustor. For example, it is unlikely that threatening to go to the insurance adjustor's boss will help your case. Do no interrupt the adjustor, but instead listen to what is being said and ask questions about their positions.
Even if the insurance adjustor makes a ridiculously low offer, do not lose your temper or show emotion as that will likely damage your case. 2. As part of preparing to negotiate with the insurance adjustor you should know what medical care and treatment you have had and the amount of your medical bills including the total amount. For example, if you have $4,000 in medical bills and the insurance adjustor offers you $4,500, you can ask the adjustor if they really think a judge or jury will only give you $500 for what you have been through and your loss of quality of life.
3. You should be aware that often, if your medical bills were paid by health insurance, the insurance company or plan will want to be reimbursed in full out of any personal injury recovery. Your health insurance turns out to be not insurance at all, but rather a loan that has to be paid back. The laws in some states, including Iowa, generally allow a deduction for attorney fees and costs.
However, we have seen cases where the insurance companies hired lawyers to make the claims for full reimbursement for them. Also, what they don't tell you is that this area of law, known as "reimbursement or subrogation" can be quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). If you are handling the case on your own, you should understand the implications of ERISA on your case and who will being paying back your health insurance company.
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