Should You Get an Attorney After a Car Accident?
Updated: March 7, 2025
If you’ve been in a car accident in Oakland, San Francisco, or anywhere in the Bay Area, you might be wondering:
Do I really need an attorney, or can I handle the insurance claim on my own?
The simple answer is YES—you should absolutely hire a car accident attorney!
Many accident victims assume that their insurance company will handle everything fairly, but this is rarely the case. Insurance adjusters are trained to minimize payouts, and without proper legal representation, you may be left with a settlement far below what you deserve.
In this blog, we’ll cover:
✅ Why insurance companies aren’t on your side
✅ How a lawyer can maximize your compensation
✅ What to do after an accident to protect your claim
If you’ve been injured in a car accident in Oakland, San Francisco, or anywhere in the Bay Area, read on to understand why hiring an auto accident attorney is one of the smartest decisions you can make.
Why Insurance Companies Don’t Want You to Hire a Lawyer
After an accident, insurance companies immediately begin working against you. Here’s how:
1. They Use Delay Tactics
Insurance companies stall settlements in the hopes that you’ll become desperate and accept a lowball offer. They may:
🚫 Take weeks or months to respond to your claim
🚫 Request unnecessary paperwork
🚫 Blame you for the accident
2. They Try to Undervalue Your Claim
Even if the accident wasn’t your fault, insurance adjusters will:
🛑 Downplay the severity of your injuries
🛑 Argue that you had pre-existing conditions
🛑 Claim that you don’t need extensive medical treatment
3. They May Deny Liability Altogether
Some insurance companies outright deny responsibility for the accident, forcing you to fight for compensation. Without a lawyer, you might struggle to:
❌ Prove fault
❌ Gather the right evidence
❌ Negotiate a fair settlement
💡 Key Takeaway: Insurance companies are not on your side—they exist to protect their profits. An experienced Oakland car accident attorney ensures that you aren’t taken advantage of.
How an Auto Accident Attorney Helps You Win Maximum Compensation
A personal injury attorney does more than just handle paperwork. Here’s how hiring a lawyer levels the playing field:
1. They Investigate Your Case Thoroughly
🚗 Gather police reports, medical records, and accident photos
📹 Obtain surveillance footage and witness statements
🩺 Consult medical experts to prove the extent of your injuries
2. They Calculate the True Value of Your Claim
Your compensation should cover ALL damages, including:
💰 Medical bills (past, present, and future)
💰 Lost wages and reduced earning capacity
💰 Pain and suffering
💰 Property damage
Without a lawyer, you might accept a settlement without knowing what your case is really worth.
3. They Negotiate Aggressively with Insurance Companies
Attorneys know the tactics insurance companies use and fight for every dollar you deserve. Many personal injury cases settle outside of court, but if needed, your attorney will take your case to trial to secure maximum compensation.
What to Do After a Car Accident to Protect Your Claim
Follow these steps to strengthen your case and avoid insurance company traps:
✔ Call 911 & Seek Medical Attention – Even if you feel fine, injuries like whiplash or concussions can take days to appear.
✔ Gather Evidence at the Scene – Take photos of vehicle damage, license plates, injuries, and the accident scene.
✔ Get Witness Contact Info – Witness statements can help prove liability.
✔ Avoid Talking to the Other Insurance Company – Anything you say can and will be used against you.
✔ Contact an Auto Accident Lawyer ASAP – The sooner you involve a lawyer, the stronger your case will be.
Common Myths About Hiring a Car Accident Attorney
❌ Myth #1: Hiring a Lawyer Is Expensive
✅ Reality: Most personal injury lawyers, including Mercado & Sacramento, PC, work on a contingency fee basis—this means you don’t pay anything unless we win your case!
❌ Myth #2: I Can Handle the Insurance Claim Myself
✅ Reality: You can, but statistics show that people who hire attorneys receive significantly higher settlements than those who go it alone.
❌ Myth #3: My Injuries Aren’t Severe, So I Don’t Need a Lawyer
✅ Reality: Even minor injuries can lead to long-term complications. A lawyer ensures that ALL damages are accounted for in your claim.
How Long Do I Have to File a Personal Injury Claim in California?
California law gives accident victims two years from the accident date to file a personal injury lawsuit. However, waiting too long can:
🚨 Weaken your case as evidence disappears
🚨 Make it harder to prove fault
🚨 Allow the insurance company to use delays against you
The sooner you hire a lawyer, the stronger your case will be!
Conclusion: Don’t Fight Insurance Companies Alone
If you’ve been injured in a car accident in Oakland, San Francisco, or anywhere in the Bay Area, hiring a skilled auto accident attorney is the best way to protect your rights and maximize your settlement.
- 📞 Call Mercado & Sacramento, PC today at (510) 340-4529 for a FREE consultation!
- 💻 Message us to learn more about how we can help.
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