A fender bender can easily happen to even careful drivers. One minute you’re casually driving along. Next, there’s a sharp forward jolt combined with a metal-on-metal crunch that can only mean one thing.
Fender benders are low-speed collisions that are among the most common types of accidents on the road. But since the resulting damage is typically minor – often nothing more than a dented bumper or some scratched paint – people make the mistake of dismissing these incidents as no big deal.
The truth is, even minor accidents can have lasting impacts that aren’t apparent until later. Hidden injuries (like whiplash, to name just one common example) can flare up after the fact. Unexpected disputes with insurance providers can complicate the situation even further.
For that reason, it’s essential to know when a fender bender really is just a minor inconvenience and when it warrants a talk with an attorney. Here’s what you need to know.
Understanding Fender Benders
So what exactly is a fender bender? In most cases, it’s a minor collision sustained at a low speed. Common situations that might lead to one include stop-and-go traffic, red light rear-ending incidents, and parking lot mishaps. Vehicle damage is usually minimal – a few scrapes, a dented fender, or maybe a cracked taillight.
In most cases, the vehicles involved come out of the incident drivable, so most drivers just shrug it off. However, your body absorbs a lot of the force involved, so what might merely send your car to the repair shop for the afternoon can leave you badly injured.
Common injuries associated with fender benders and similar incidents include:
- Whiplash: Neck stiffness or pain caused by the sharp back-and-forth motion experienced during a collision
- Soft tissue damage: Includes conditions like strains, sprains, and muscle tears that aren’t always immediately apparent
- Concussions: Even if you don’t hit your head during the collision, sudden jolting motions can still result in brain trauma
In other words, the fallout from a fender bender can look minor or even nonexistent at first glance, especially if your vehicle isn’t badly damaged. But it’s not uncommon for major problems to surface later.
When to Consider Legal Action for a Fender Bender
Naturally, not every fender bender or minor collision necessitates a lawsuit. However, some circumstances mean it’s more than just a good idea to speak with an attorney about your options. Situations like the following make legal guidance essential.
Delayed Injuries
It’s not uncommon to feel completely fine right after an accident, only to wake up multiple days later in unbearable pain. Delayed injuries are absolutely grounds for a claim. However, they require thorough documentation, so it’s important to follow protocol.
Disputes Over Fault
Even in a case where it seems clear who caused the accident and was at fault, the other driver may still deny responsibility, leading to a long, frustrating legal headache. Bringing an attorney on board can help you strengthen your case by preserving evidence, obtaining proper witness statements, and more.
Insurance Settlement Issues
Insurance companies are notorious for trying to close claims as easily and cheaply as possible. Even if you receive a settlement check, it might not properly cover factors like lost wages, physical therapy, or medical bills. An attorney can help make sure you get the fair settlement you deserve.
Uninsured or Underinsured Drivers
In situations where the other driver doesn’t have proper insurance coverage, you could wind up stuck covering the resulting expenses out of pocket.
In short, it’s better to be safe than sorry when it comes to legal advice. If your fender bender involves injuries, unfair insurance settlements, or other disputes, get a lawyer involved.
Benefits of Hiring a Personal Injury Attorney
Even when a collision looks simple, there are no guarantees that it will stay that way. Bringing an experienced personal injury lawyer into the situation can help you:
- Navigate insurance claims: Professional attorneys are familiar with the tactics insurance providers use and can skillfully negotiate fair settlements.
- Gather and protect evidence: An attorney can help make sure nothing gets overlooked, including details like traffic camera footage or police reports.
- Guide you through medical documentation: Establishing and maintaining thorough treatment records is a critical part of building a winning case, and an attorney can help.
- Represent you in court if necessary: If your case winds up going to court for any reason, a personal injury attorney can help you fight for your rights in front of a judge and jury.
Having the right attorney on your side drastically levels the playing field when navigating potential legal issues. However, they can also help you maintain your calm and peace of mind when things get stressful.
Steps to Take After a Fender Bender
Whether you ultimately decide to speak with an attorney or not, taking the right initial actions after a fender bender or other accident can make a world of difference for your case. Here are some key steps to be aware of and follow no matter what.
- Put safety first: If it’s possible to do so safely, move any vehicles out of the path of oncoming traffic. Check yourself, your passengers, and anyone else involved for injuries, obvious or otherwise. If anyone requires immediate medical assistance, call 911.
- Exchange information with the other driver: Make sure you get the other driver’s information, including insurance details, in addition to their name, phone number, and license plate info.
- Document the scene:Use your phone to photograph the scene. Include both the vehicles and any applicable road conditions. Be sure to document any visible vehicle damage or bodily injuries, as well.
- Seek out medical attention: Even if you’re sure you aren’t injured and feel fine, visit a doctor for an evaluation. Remember, many injuries don’t show up right away.
- Get in touch with your insurance company: Let your insurance provider know about the accident as soon as possible. Be careful about making recorded statements until you’ve had a chance to speak with a lawyer.
Common Misconceptions About Minor Accidents
There are quite a few persistent myths out there that discourage people from seeking legal assistance after a minor accident. Here are a few to be aware of:
“Serious injuries don’t result from minor accidents.”
Injuries like concussions, whiplash, and soft tissue damage are all very common in association with low-speed incidents. All of them can potentially be serious.
“Insurance settlements are always fair.”
In a perfect world, that would be the case. But in actuality, it’s an insurance provider’s primary goal to minimize payouts however they can.
“Legal fees for small claims are too expensive to consider.”
Actually, most personal injury lawyers (including Collier & Collier) handle fees on a contingency basis. This means you only pay a fee if you win your case.
Play It Smart and Seek Assistance
Although a fender bender may not look like much in the moment, it’s important to plan for the possibility of complications. Many drivers don’t consider possibilities like hidden injuries, lowball insurance settlements, and unclear fault until it’s too late.
Legal guidance can help you make sure you understand your rights, receive necessary support, and recover any damages. So, if you’ve been in a fender bender and aren’t sure what to do next, call Collier & Collier today to schedule a consultation. It could be the one decision that makes all the difference.
