When we have a traffic accident, in which we have suffered material or physical damage, we automatically think about how to claim compensation for the damage caused. At this point, the following dilemma always arises:
Is it better to go to a private lawyer or do I stick with the insurance company's lawyer?
In the following post we will analyse the advantages and disadvantages of choosing a private lawyer or an insurance lawyer after a traffic accident.
The decision to claim compensation is not an easy one, so with this article you can at least make an informed decision.
Private lawyer or insurance lawyer?
First and foremost, the insurance lawyer or private lawyer are professional specialised in traffic accidents. However, we must take into account certain fundamental differences that can either be detrimental or beneficial to us when it comes to requesting our claim.
These fundamental aspects are the cost of the service offered by each professional and the quality of the service.
Depending on the cost, is a private lawyer or an insurance lawyer better?
With regard to the cost of the service, it should be taken into account that the insurance lawyer is totally free, as the expenses generated are paid by the insurance company.
On the other hand, the private lawyer will also be free of charge, since his fees will generally correspond to a percentage of the compensation obtained in the trial.
However, the latter has the guarantee that these fees are recovered by way of legal defence through the insurance policy itself.
The insurance company has a financial item reserved to pay the fees of a private lawyer, if this is the option chosen.
These two services are free of charge, but it should not be overlooked that the insurance lawyer will charge his or her fees according to a pre-established scale, which is not too generous and independent of the amount of compensation received. In other words, the insurance lawyer's fees do not depend on whether or not the compensation is paid, so it is normal to think that they do not have a strong interest in obtaining compensation during the trial.
On the other hand, a private lawyer will charge a percentage of the compensation, so the higher the compensation, the higher his or her fees will be, which will be paid when and if the compensation is obtained.
In addition, these fees will later be reimbursed by the insurance company, due to the legal defence cover.
Depending on the quality of the service, is a private lawyer or an insurance lawyer better?
Another important aspect to take into account is the quality of the service offered by a private lawyer or by the insurance company.
The first thing to bear in mind is that both professionals are specialists and have extensive experience in the sector.
On this basis, it is important to know that the insurance lawyer is not our own lawyer, but that of the insurance company, in fact, it is most likely that, during the whole processing of the case, we will never meet him personally.
Therefore, it will not be possible to establish a relationship of trust and closeness with him/her that should prevail in any lawyer-client relationship.
On the other hand, with the private lawyer, a close and confidential relationship can be maintained, with direct access to his office and absolute availability to his or her client.
Furthermore, it is not trivial to consider the workload of an insurance lawyer, as it is usually very high, to the point that he/she will not be able to dedicate even 50% of the time required to each case, as it is materially impossible, which, on the other hand, a private lawyer can do.
So what should I hire?
In short, a private lawyer will be able to offer a higher quality, specialised and personalised service, at the same cost as the insurance company's lawyer, for whom the accident will be just one of a myriad of files. In other words, by hiring a private lawyer, the client benefits in the majority of cases.