In the event of a road accident, it may be useful to seek the services of a road accident lawyer to receive adequate compensation. This legal specialist has the skills required to properly assist victims of this type of claim.
However, should such support be systematically requested after a traffic accident? Our experts explain here clearly its role and the circumstances in which it intervenes.
Road accident lawyer: what is its importance ?
In accordance with the provisions of the Badinter law of July 5, 1985, road accident victims are entitled to compensation. Thus, in the event of an accident, the victim contacts his insurer if possible for the first administrative declaration.
If she benefits from legal protection thanks to her insurance contract, the insurance company then offers her the assistance of a lawyer. However, the latter may not be completely neutral. In this context, the victim is often not compensated for the harm suffered.
This is why it is recommended to call on a qualified independent lawyer in road accidents. This is a professional who has the required skills in road traffic law, bodily injury law and even insurance law.
Its main mission is to assist accident victims throughout the process in order to enable them to receive the fair compensation due to them. It also spares its clients the sometimes useless procedures that can lead to additional costs.
What are the duties of a motor vehicle accident lawyer?
A traffic accident lawyer assists victims in the insurance compensation process. For this, it intervenes at several stages.
Collect information and prepare the file
After taking office, the first task of this lawyer is to collect information on the precise circumstances of the accident. For this, he approaches the victim directly, if possible, or his close relatives, as the case may be.
For example, he must seek to know the status of the victim: was he driving a vehicle or not? Was it rather:
A pedestrian ;
A cyclist ;
A passenger ;
She must then fully benefit from the compensation, unless she voluntarily caused the damage. However, if she was driving the vehicle involved in the accident, the compensation will depend on his level of responsibility.
All the information collected allows the lawyer to establish the appropriate approach to the situation of his client. It also allows him to create a first file which he sends to the insurance company.
The road accident lawyer assists the victim during the medical expertise
During the compensation process, the insurance company can impose a medical expertise on the victim. It is in fact a critical step in the process. It happens quite often that insurers offer victims an expert doctor who is unfortunately not always totally neutral.
To counter this, the victim can decide to be assisted by the doctor of his choice. His road accident lawyer can recommend a medical adviser with whom he is used to working. This anticipation makes it possible to avoid later drafting a counter-expert report.
Also, it should be noted that the lawyer specializing in traffic accidents can make several specialists available to his client. It is the ideal solution to obtain accurate diagnosesand therefore to constitute a strong case.
Read also: Personal accident compensation simulator: what you need to know about this tool
Represent accident victims in negotiations
After having compiled the entire file, the lawyer specializing in road accidents negotiate directly with the insurance representative. In case of disagreement on certain points, he tries to find a compromise. When the negotiations are successful, he ensures that the transactional protocol written by insurance reflects all aspects of the negotiation process.
On the other hand, in the event of total disagreement, the lawyer can launch the litigation procedure, in order to take the case to court. In the event of a trial, he can, of course, represent his client in court.
When should you hire a traffic accident lawyer?
As a general rule, a road accident expert is called in when the damage suffered by the victim following the incident is significant. This is the case, for example, if the injuries prevent you from working or require you to receive assistance at home.
Similarly, it is advisable to call on an independent expert when the parties involved in the accident have the same insurer.
On the other hand, in the case of “simple” road accidents with minor damage, seeking an expert road accident lawyer is not really useful. This can indeed represent a significant expense without real interest.
Road accident lawyer: what to keep?
The road accident lawyer is an independent and therefore impartial professional whom you can contact in serious cases of traffic accident. He has the necessary skills and experience to assist you in order to enable you to obtain compensation commensurate with the damage suffered.