Every car accident is a surprise. You feel the force of the impact and wonder what just happened. If it were only a minor “bump,” you might be somewhat relieved until you get out of the car to assess the damage.
It could be a minor tap on the bumpers that left only a few scratches. In that scenario, you can part ways with the other driver. No harm, no foul.
Or is it?
Do you need a lawyer for a minor car accident? In Mississippi, you are not legally required to hire a lawyer for a minor car accident.
However, if you exchange information with the other driver, it might be a good idea to have an experienced Gulfport car accident lawyer on standby… just in case.
Defining a Minor Car Accident in Mississippi
The legal definition of a car accident is as follows: “an occurrence associated with the maintenance or operation of a motor vehicle resulting in personal injury, death, or property damage.” That’s a rather broad definition, but it is a good foundation to build on.
When a car accident is characterized as “minor,” it typically means the collision occurred at low speed.
A fender bender in congested traffic would fit into this category. That might leave minimal damage and no obvious injuries.
However, there is no telling what kind of reaction you or the other driver might have after leaving the accident scene. It is not uncommon for a soft tissue injury such as whiplash to develop hours after the collision. It has also been established that you can suffer from whiplash from an impact at speeds of around 5 to 10 miles per hour.
It’s a good idea to set up an exam with your doctor following any type of accident to ensure there isn’t an injury. It is also good practice to exchange information with the other driver, even with a fender bender.
You don’t want to be stuck without options if something serious were to develop.
Signs Your Minor Accident Requires Legal Advice
A minor car accident can easily develop into a major issue that requires legal advice.
That’s especially true if insurance companies are going to get involved. These are the circumstances you have to look out for after a minor accident.
Experiencing Delayed Pain
As mentioned above, even in low-speed collisions, the full scope of soft-tissue injuries like whiplash might not manifest for hours or days. If you develop headaches, stiffness, or radiating pain after the crash, you could be looking at a serious condition that requires medical attention.
It might result in lost work and ongoing physical therapy, all from an accident you initially thought was minor.
Contested Liability
At the scene of a minor accident, the other driver can offer an apology and even admit fault. You might initially feel sorry for them and think that since there is no significant damage or apparent injury, you can just “let it go.”
What happens if that driver comes back at a later date and tries to accuse you of causing the accident because you “stopped short”
Suddenly, you might find that you have to defend yourself against an insurance claim. That is not something you want to take on your own.
The Insurance Company Acts in Bad Faith
If your minor accident does involve filing an insurance claim with your carrier or the at-fault driver’s carrier, you might find yourself being pressured to accept a fast settlement that might not fully cover your losses.
That insurance company might also delay processing your claim or deny it outright because they consider it to be too minor. Those are all examples of an insurance company acting in bad faith.
There Are Complicated Circumstances
There are certain factors that would automatically advance an accident from being minor to serious. For instance, if the accident involved a rideshare car such as Uber or Lyft, you might find yourself dealing with corporate entities that will try to downplay the incident or shift the blame.
Suppose you were hit by an uninsured driver. Would you have any legal options to pursue a damage claim? These are the kinds of issues that an experienced attorney can help you with.
The At-Fault Driver Wants to Pay Out-of-Pocket
You might get involved in an accident where the at-fault driver wants to settle on the spot.
They might empty their wallet or ask you to send them a check. That could be a major red flag. It might be because they are driving with a suspended license or are intoxicated.
That can leave you in a lurch if things go from bad to worse.
When you have an experienced attorney on your side, you’ll have an advocate who can step in and clear up any discrepancies regarding liability and take over the negotiations with the insurance company. That will be a big stress reducer for you.
How Mississippi Comparative Fault Affects Your Recovery
Mississippi applies a pure comparative negligence system for personal injury claims.
This allows you to recover compensation for injuries and damages to your car even if you are partially at fault for the accident. Keep in mind that if you are partially to blame, your overall settlement is going to be reduced by that percentage of blame. That’s why you want to fortify your claim by getting the support of an experienced Gulfport car accident attorney.
The legal team at Owen, Owen & Smith, PLLC has helped many Gulfport residents navigate the aftermath of car accidents. We’ve helped with the minor fender benders and the more serious crashes involving multiple vehicles. We bring decades of combined negotiating and litigation experience into every claim.
Our goal is to always find a fast resolution that helps our clients move on from the accident.
If you’ve been involved in any type of car accident, you owe it to yourself to get all your questions answered and to understand your options for seeking compensation.
Reach out to our office to set up a consultation today.
