If I was in a single car accident by myself due to falling asleep behind the wheel, should I retain a lawyer or should I handle everything with the insurance on my own?

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If I was in a single car accident by myself due to falling asleep behind the wheel, should I retain a lawyer or should I handle everything with the insurance on my own?

I fell asleep and hit the concrete barrier on highway. The airbags didn’t deploy and the front end of the vehicle is a loss. I suffered no major physical injuries just a headache, sore arms sore and chest pain. I declined to go in the ambulance. I was in a lot of shock and didn’t feel the pain right then and there. I went to the hospital the next day and was cleared. The adjuster is supposed to call tomorrow. My car is only 2 years old, so shouldn’t the airbags have deployed?

Asked on May 31, 2015 under Accident Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even if the airbags should have deployed, what are you suing for? You write you had no major physical injuries, "just a headache" and some other aches and pains. You add that the hospital cleared you. Since the law only provides compensation for the actual injuries and costs you injured, and by your own admission, you didn't suffer any significant injuries, the most you could recover would most likely be your out-of-pocket (not paid by insurance) medical costs, like any hospital bills. But to recover them, you'd have to hire an engineering expert to exam and testify about the air bags; you could easily spend more on this lawssuit than you would ever get back.


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