Should I hire an attorney for my car insurance claim?
Hiring an attorney for a car insurance claim usually isn't necessary. Insurance companies are willing to negotiate with you. The average property damage liability claim is $3,290.
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Laura D. Adams
Insurance & Finance Analyst
Laura Adams is one of the nation’s leading finance, insurance, and small business authorities. As an award-winning author, spokesperson, and host of the top-rated Money Girl podcast since 2008, millions of readers and listeners benefit from her practical advice. Her mission is to empower consumers to live healthy and rich lives by planning for the future and making smart money decisions. She rec...
Insurance & Finance Analyst
UPDATED: Jan 12, 2024
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Jan 12, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident car insurance decisions. Comparison shopping should be easy. We are not affiliated with any one car insurance company and cannot guarantee quotes from any single company.
Our partnerships don’t influence our content. Our opinions are our own. To compare quotes from top car companies please enter your ZIP code above to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- The truth is that in most cases, the insurance company is willing to negotiate with you and hiring a lawyer isn’t necessary
- If you and the insurance company cannot reach an understanding, then you might want to hire a lawyer
- Find a lawyer experienced in car insurance lawsuits and who is confident in winning
- The average property damage liability claim is $3,290
If you have to file a car insurance claim, you may be wondering if you need a lawyer. The truth is that in most cases, you are not going to need a car insurance attorney to help you with your claim.
There may be some instances in which this is necessary, but in most cases, you will simply file your claim, possibly have to haggle over the money you get for the damages, get a check, and you’re done.
From time to time, you will see commercials on TV from lawyers that tell you not to trust the insurance companies.
They’ll say that the insurance companies are out to steal your money and make sure you don’t get what you deserve after an accident. (For more information, read our “Can I sue my own car insurance company?“).
The truth is that in most cases, the insurance company is willing to negotiate with you and hiring a lawyer isn’t necessary.
There are some cases, however, where a lawyer may be what you need. When this happens, you will want to hire the right kind of lawyer.
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Is it worth hiring an attorney for a car accident?
You might not believe this, but you should only see a lawyer as a last resort.
The reason for this is that lawyers are expensive and you may not be able to get a lawyer on a contingency basis if you are simply fighting to get the right amount of money for the damages to your car or to yourself.
There are several steps that you will want to take after the first settlement offer and before hiring a lawyer. For example, you can negotiate for more money on your own behalf.
You do this by providing a list of damages and the quoted estimate for each piece of damage. This can apply both to your car and to medical expenses.
In addition, if long-term care might be needed, you only need to provide a list of services that will be required and the cost of those services. If you prove your case, the insurance company will pay without ever going to court.
Read more: How do you contest the amount of a car insurance payout?
If you and the insurance company cannot reach an understanding, then you might want to hire a lawyer.
If your case won’t exceed more than $30,000 in damages, then in most cases you can expect to have to pay for the lawyer out of pocket, providing a retainer up front.
You may also need a lawyer if the person who is at fault in the accident, providing it isn’t you, doesn’t have enough insurance or doesn’t have insurance at all.
Before you get a lawyer, you need to keep in mind that you cannot get blood from a stone. Suing someone with no money means that you have spent more money and the other person still can’t pay for damages.
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What kind of lawyer should I hire?
One of the things that you should avoid at all costs is hiring a lawyer that claims that they are a jack-of-all-trades. You don’t want a jack-of-all-trades. You want a specialist.
You want to find a lawyer that not only has a lot of experience with insurance company lawsuits, but you also want to ensure that they are a winner in those suits.
Your consultation with a lawyer should be free. Some of the things you should look for are:
- Professionalism
- Courtesy
- Proof of experience
In addition, they should listen to you during the consultation, tell you what the chances are that you will win your case, and then tell you how much it is going to cost you.
If you might be in for a large settlement, the lawyer will likely take your case on contingency.
What this means is that they will take a percentage of your winnings, but they don’t charge you anything if the case is lost. The average percentage is 30 percent.
What happens if I hire a lawyer and we lose our case?
In many cases, if you sue for more money and you lose, you can still get the original settlement offer. While this may not be the perfect scenario, it is better than nothing at all.
Of course, if you lose, there is every possibility that you will be required to pay the court costs and lawyer fees for the insurance company.
If this happens, you will not be able to collect from the insurance company at all.
That is why you should only hire a lawyer if they are confident that the case can be won!
Enter your ZIP code in the box at the bottom of the page and compare car insurance quotes from several different companies today.
Case Studies on Hiring an Attorney for Car Insurance Claims
Case Study 1: Negotiating Without an Attorney
John was involved in a car accident that resulted in significant damage to his vehicle. He decided to handle the insurance claim process on his own and negotiated directly with the insurance company. After providing a detailed list of damages and estimates, he successfully reached a fair settlement without the need for legal representation.
Case Study 2: Hiring an Attorney for Complex Claims
Sarah was injured in a car accident caused by a negligent driver. She suffered severe injuries and faced substantial medical expenses. Realizing the complexity of her case, she hired a specialized car insurance attorney. The attorney navigated the legal process, negotiated with the insurance company, and secured a higher settlement that covered her medical costs, lost wages, and pain and suffering.
Case Study 3: Limited Insurance Coverage
Mark was involved in a hit-and-run accident, and the at-fault driver was uninsured. Mark’s own insurance coverage was limited, leaving him unsure of how to proceed. He sought the advice of a knowledgeable attorney who specialized in uninsured motorist claims. The attorney guided Mark through the legal options available and successfully helped him secure additional compensation.
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Frequently Asked Questions
When should I consider hiring an attorney for my car insurance claim?
You should consider hiring an attorney for your car insurance claim in the following situations:
- If you have suffered significant injuries or long-term disabilities as a result of the accident.
- If liability is disputed, and it is unclear who is at fault.
- If the insurance company is denying your claim or offering a settlement that does not adequately cover your losses.
- If you are having difficulty navigating the claims process or understanding your rights.
What can an attorney do for my car insurance claim that I can’t do on my own?
Hiring an attorney for your car insurance claim can provide several benefits, including:
- Legal expertise: An attorney specializes in personal injury and insurance law and can navigate the complex legal processes on your behalf.
- Claim evaluation: An attorney can assess the value of your claim and help you determine the appropriate amount of compensation you should seek.
- Negotiation: Attorneys are skilled negotiators and can handle discussions with the insurance company to secure a fair settlement.
- Litigation: If a fair settlement cannot be reached, an attorney can represent you in court and advocate for your rights.
Will hiring an attorney increase the chances of receiving a higher settlement?
While there are no guarantees, hiring an attorney can potentially increase the likelihood of receiving a higher settlement. Attorneys have experience in valuing claims and negotiating with insurance companies, which can lead to better outcomes. They can also identify additional sources of compensation you may not have been aware of, such as coverage from other parties involved in the accident.
How much does it cost to hire an attorney for a car insurance claim?
Many personal injury attorneys work on a contingency fee basis, which means they only get paid if they win your case. Typically, they will receive a percentage (usually around 30% to 40%) of the settlement or court award. This arrangement allows you to pursue your claim without upfront costs, as the attorney’s fees are deducted from the final settlement amount.
Can’t I just rely on my insurance company to handle everything?
While insurance companies have a duty to handle claims in good faith, their primary goal is to minimize their own costs. It is important to remember that insurance adjusters work for the company, not for you. Having your own attorney ensures that your interests are protected and that you have an advocate who is solely focused on maximizing your compensation.
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Laura D. Adams
Insurance & Finance Analyst
Laura Adams is one of the nation’s leading finance, insurance, and small business authorities. As an award-winning author, spokesperson, and host of the top-rated Money Girl podcast since 2008, millions of readers and listeners benefit from her practical advice. Her mission is to empower consumers to live healthy and rich lives by planning for the future and making smart money decisions. She rec...
Insurance & Finance Analyst
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.