If I was involved in an accident 3 weeks ago and was hit on the right rear passenger side, resulting from in my car flipping over 2 or more times, do I need to retain a lawyer?

If so, where do I find one? The driver at fault was given a citation. My insurance agent says that I have the right to request pain and suffering payments from the insurer of the party at fault. I have not been contacted by them. Do I even have a case? I do have back pain, but thankfully, no serious injury.

Asked on September 30, 2015 under Personal Injury, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should retain an attorney. You have the right to request compensation from the at-fault driver or his/her insurer, but it is voluntary on their part to offer or pay you anything. The only way to get money if they will not voluntarily pay you would be to sue the driver and win you sue the driver, not the insurer the insurer defends and/or pays for the driver. A lawyer will help you understand what you are entitled to, and not underprice your claim will increase the odds of negotiating a good settlement without having to go to trial and if you do sue, will greatly increase your chance of winning. 
As for how much you may be entitled to that depends on the extent of your injuries and the out-of-pocket not paid by health insurance costs and lost wages if any you have incurred. When you consult with the lawyer and note many personal injury attorneys will provide a free initial consultation, to evaluate a case you can ask about this before making the appointment, the lawyer can explore this with you and advise you as to what the case might be worth.

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