Most car accident claims settle through insurance, and some people handle them alone. Others, especially after serious injuries or disputes about fault, benefit from a lawyer who negotiates with the insurers and prepares the case in case it must go to court.
What a car accident lawyer does
- Investigates fault, including police reports, photos, video and witnesses.
- Gathers medical records and bills and ties injuries to the crash.
- Values the claim, including future care and lost earnings.
- Deals with insurers so you do not have to give recorded statements.
- Negotiates a settlement and advises you on offers.
- Files a lawsuit and represents you if the case does not settle.
When a lawyer is most useful
- Serious or lasting injuries, surgery or missed work.
- Fault is disputed or you were partly at fault.
- The other driver is uninsured or has low limits.
- The insurer denies the claim, delays or makes a lowball offer.
- More than one vehicle or a commercial driver is involved.
- A deadline is approaching.
When you may not need one
If no one was hurt, fault is clear and the other insurer is paying fair repair costs, you may be able to handle a property damage claim yourself. Even then, a free consultation can confirm that you are not overlooking a delayed injury.
How fees work
Most car accident lawyers charge a contingency fee, usually a percentage of the recovery, with no fee if there is no recovery. Typical percentages are around one third for a settlement before a lawsuit and more if the case goes to trial, but they vary. Costs for records and experts are separate, so ask how they are handled. See our guides to contingency fees and to what percentage lawyers take from a settlement.
How to choose
- Check that the lawyer is licensed and in good standing with your state bar.
- Ask about experience with cases like yours.
- Ask who will work on your case and how you will be updated.
- Get the fee agreement in writing and read it.
- Compare at least two consultations, since many are free.
Protect your claim before you hire anyone
- Get medical care promptly.
- Keep photos, bills and repair estimates.
- Do not admit fault or guess at what happened.
- Do not sign a release or accept a final offer before you know the extent of your injuries.
- Note the filing deadline for your state.
Common insurer tactics to watch for
- A quick, low offer before you know the full extent of your injuries.
- A request for a recorded statement soon after the crash.
- Broad medical authorizations that expose your whole history.
- Arguing that your injuries came from a pre-existing condition.
- Disputing the need for treatment or questioning gaps in care.
- Delay, in hope that you will accept less.
Medical bills and liens
Your health insurer, Medicare, Medicaid or a medical provider may have the right to be repaid from a settlement. Ask about medical payments coverage on your own auto policy and about how liens will be handled before you accept an offer, because they affect what you keep. Be cautious about treatment arrangements that delay payment until the case ends and ask a lawyer to explain them.
How long a car accident case takes
Simple claims can settle in a few weeks or months. Claims with significant injuries often take longer, because treatment should usually reach a stable point before settlement and because disputes about fault or value add time. A lawsuit adds months or more.
What to bring to a consultation
- The police report number or copy.
- Photos and video of the scene, vehicles and injuries.
- Names and contact details of witnesses and the other driver.
- Your insurance card and any letters from insurers.
- Medical records, bills and a list of providers.
- Proof of lost income, such as pay stubs and a work note.
State rules that can change your case
Fault rules, damage caps, no-fault thresholds and filing deadlines differ by state. Use our state guides to see your state's statute of limitations and other deadlines, and ask any lawyer how your state's rules affect your claim. Shared fault reduces recovery in most states and bars it in a few.
At-fault, no-fault and shared-fault states
In most states the driver who caused a crash is responsible for the damages, and their liability insurance pays. About a dozen states use some form of no-fault insurance, in which your own insurer pays certain medical costs regardless of fault, and you can sue the other driver only above a threshold. Many states reduce your recovery by your share of fault, and a few bar recovery entirely if you are more than half at fault or even slightly at fault. Our states section shows filing deadlines, and a lawyer can explain how your state's rules apply.
How fault is proven in a vehicle injury claim
Most injury claims rest on negligence. You generally have to show that the other party owed you a duty of care (all drivers must drive reasonably), breached it (for example by speeding, texting or following too closely), caused your injury and caused measurable harm. Evidence of a traffic law violation can help show a breach, and some states treat violating a safety statute as negligence in itself.
Economic and non-economic damages
Economic damages are the losses with a price tag: medical bills, future care, lost income, lost earning ability and property damage. Non-economic damages cover pain, suffering, emotional distress, scarring and loss of enjoyment of life. A spouse may have a separate loss of consortium claim in many states. Punitive damages are rare and are reserved for conduct such as drunk driving or deliberate safety violations, and many states cap or limit them.
Taxes on injury recoveries
Compensation for physical injuries is generally not taxable under federal law, but punitive damages and interest usually are, and a recovery for lost wages tied to a physical injury is treated like the injury award. State rules can differ. Ask a tax professional before you rely on this.
The insurance claim, step by step
After a crash, you notify your own insurer and open a claim with the other driver's insurer. An adjuster investigates fault, reviews damage and, if there are injuries, asks for medical records. For injury claims, a lawyer typically sends a demand package once your treatment reaches a stable point, supported by bills, records and wage documents. The insurer responds with an offer, and negotiation follows. If the sides cannot agree, a lawsuit can be filed before the deadline, which brings formal discovery, depositions, mediation and possibly a trial.
Medical treatment, gaps and liens
Insurers look closely at when you first got treatment and whether there were gaps. Seeing a doctor promptly and following the plan helps both your health and your claim. Health insurers, Medicare, Medicaid and sometimes hospitals have repayment rights that come out of a settlement, and unpaid bills can follow you. Ask whether your auto policy includes medical payments coverage, and have your lawyer explain how liens will be handled before you accept an offer.
Special situations that make a lawyer more valuable
- The other driver was drunk, a commercial driver or working at the time.
- A government vehicle was involved and a short notice deadline applies.
- The other driver was from out of state or had no insurance.
- You were a passenger and need to decide whose insurance to claim against.
- A child was injured, which may have different court approval rules for settlements.
- The crash caused a death, which brings wrongful death claims.
Uninsured and underinsured drivers
If the at-fault driver has no insurance or too little, your own uninsured and underinsured motorist coverage may pay. These claims are against your own insurer, which can still dispute the value of your injuries. Review the notice requirements in your policy, because some require prompt notice of the claim.
When an insurer acts in bad faith
Insurers must handle claims fairly and promptly. Unreasonable denials, long unexplained delays or misrepresenting your policy can support a bad faith claim in many states, and you can complain to your state insurance department. Keep a record of every call and letter.
Mistakes that can reduce your recovery
- Settling before you know the full extent of your injuries.
- Giving a recorded statement without understanding your rights.
- Admitting fault or guessing at what happened.
- Letting treatment lapse without a medical reason.
- Posting about the crash or your activities on social media.
- Missing the deadline to file.
A short checklist for your first meeting with a lawyer
- Bring the police report number, photos, insurance cards and medical bills.
- Ask about their experience with similar crashes.
- Ask how the fee works and how costs are treated.
- Ask what the likely steps and timeline are.
- Do not sign anything until you have read the agreement and had your questions answered.
Terms you will hear, in plain English
- Liability insurance: coverage that pays for damage and injuries you cause to others.
- Collision coverage: coverage that pays for your own car after a crash, regardless of fault.
- Medical payments coverage: optional coverage that pays your medical bills after a crash.
- Personal injury protection (PIP): required in some states, pays medical costs and sometimes lost wages regardless of fault.
- Subrogation: your insurer's right to recover what it paid from the at-fault party.
- Demand letter: a written request for payment with supporting records.
- Release: the document you sign to settle, which usually ends your right to claim more.
- Statute of limitations: the deadline to file a lawsuit.
Frequently asked questions
Is the first consultation free?
Often yes for injury cases. Confirm when you call.
Can I switch lawyers?
Usually yes, though fees may need to be divided between lawyers.
Does hiring a lawyer mean going to court?
No. Most claims settle without a trial.
Should I accept the first settlement offer?
Not automatically. Early offers may not cover future medical costs. Understand your injuries and the value of the claim first.
How long do I have to file a car accident lawsuit?
It depends on your state, most commonly two or three years for injuries. See our statute of limitations table.
Do I have to use my insurer's lawyer?
No, you can hire your own lawyer for your injury claim.
Will my insurance rates go up if I file a claim?
It depends on fault, your insurer and your state. Claims where you were not at fault usually should not raise rates, but ask your insurer.
What should I not say to the other driver's insurance company?
Avoid admitting fault, guessing about speed or injuries, and describing your health as fine before a doctor has checked you.
Can I get a lawyer after I already talked to the insurance company?
Yes. It is better to call early, but a lawyer can still help after you have spoken to an adjuster.
What happens if the other driver's insurance is too low?
Your underinsured motorist coverage may cover the gap, and in some cases you can claim against the driver personally.