A car accident lawyer is usually worth consulting when anyone was injured, medical treatment is ongoing, fault is disputed, the insurer delays or denies the claim, or the injuries may be serious.
You may be able to handle a minor accident yourself when nobody was injured, the damage is limited to the vehicles, fault is clear, and the insurers are cooperating. Do not sign a settlement release until you understand it. A release generally ends the other party's liability for the accident.
This is general U.S. information. Insurance rules, liability standards, and legal deadlines vary by state. Personal injury lawyers often charge a contingency fee of about one-third to 40% of the recovery, although the percentage and other terms vary. Last reviewed:
Do I Need a Lawyer After a Car Accident?
You should at least consult a lawyer when the accident involves an injury, disputed fault, lost income, an insurance dispute, or uninsured or underinsured coverage.
| Your situation | Should you get a lawyer? |
|---|---|
| No injuries and minor vehicle damage | Usually not |
| You received medical treatment | Yes, at least get a consultation |
| You missed work or lost income | Yes |
| You have ongoing pain or symptoms | Yes |
| The other driver disputes fault | Yes |
| The insurer denies or undervalues your claim | Yes |
| The other driver has no insurance or insufficient insurance | Usually yes |
| You suffered a serious, permanent, or disabling injury | Yes, promptly |
| A passenger, pedestrian, cyclist, or child was injured | Strongly consider one |
| You received a lawsuit or other legal papers | Contact a lawyer immediately |
| You may have caused serious injuries | Notify your insurer and consult a lawyer |
The American Bar Association recommends speaking with a lawyer after an accident involving personal injury or major property damage.
When Is a Car Accident Lawyer Most Useful?
You Were Injured or May Have a Delayed Injury
A lawyer can be useful when the accident involves medical bills, physical therapy, surgery, lost wages, long-term symptoms, emotional distress, or a possible permanent impairment.
Some injuries become more noticeable after a crash. Seek medical attention if you have symptoms, even if you felt fine at the scene. The National Highway Traffic Safety Administration recommends getting immediate medical attention after a crash when you may be injured.
Fault Is Disputed
Consult a lawyer if the other driver blames you, the police report is inaccurate, witnesses disagree, or several vehicles were involved.
Evidence may include:
- Police reports
- Photographs and video
- Witness statements
- Vehicle damage
- Traffic-camera or surveillance footage
- Cellphone or event-data evidence
- Accident reconstruction
- Medical records showing how the injury occurred
A lawyer can help determine which evidence supports your account and respond to claims that you share responsibility.
The Insurance Company Offers a Quick Settlement
Do not accept a quick payment before you know what it covers. Check whether the offer includes:
- Current and future medical treatment
- Lost income
- Vehicle damage and other expenses
- Amounts owed to health insurers or medical providers
- Your right to seek additional compensation
The American Bar Association explains that accepting a settlement usually involves signing a release that ends further liability claims against the other party.
The Insurance Company Denies, Delays, or Undervalues the Claim
The adjuster investigates the claim and evaluates payment, but the adjuster works for the insurance company. Keep records of calls, emails, letters, estimates, and payments. Ask for major decisions in writing.
If you cannot resolve the dispute with the insurer, the National Association of Insurance Commissioners advises contacting your state insurance department.
The At-Fault Driver Has Little or No Insurance
Potential sources of payment may include:
- The at-fault driver's bodily injury liability coverage
- Your uninsured motorist coverage
- Your underinsured motorist coverage
- Medical payments coverage
- Personal injury protection, where available
Uninsured and underinsured motorist coverage may help when the responsible driver has no insurance or lacks enough coverage to pay the full loss. The available coverage depends on your policy and state law.
When Can You Handle the Claim Yourself?
Handling the claim without a lawyer may be reasonable when:
- Nobody was injured
- The damage is limited to the vehicles
- Fault is clear
- The other driver has valid insurance
- The insurer accepts responsibility
- The repair estimate is reasonable
- Nobody is asking you to sign a broad injury release
- You understand the settlement documents
For a straightforward property-damage claim, notify your insurer, obtain repair estimates, save photographs, and keep receipts for towing, rental vehicles, storage, and repairs.
A brief legal consultation may still be worthwhile if the vehicle is totaled, the damage is substantial, fault is disputed, or the insurer refuses to pay the vehicle's fair value.
How Much Does a Car Accident Lawyer Cost?
Personal injury lawyers commonly use contingency fees. Under this arrangement, the lawyer receives a percentage of the recovery instead of charging an hourly fee. The American Bar Association states that contingency fees are often about one-third to 40% of the amount recovered, but the percentage and agreement terms vary by lawyer and state.
Before hiring a lawyer, ask:
- What percentage will the lawyer receive?
- Does the percentage increase if the case goes to court?
- Are case expenses deducted before or after the fee?
- Who pays filing fees, expert fees, medical-record costs, and deposition expenses?
- Will you owe expenses if the case is unsuccessful?
- Will the lawyer personally handle the case?
- Can you approve or reject a settlement?
Get the fee arrangement in writing before legal work begins.
What Should I Do Immediately After a Car Accident?
After a crash, take these steps:
- Call 911 if anyone is injured or the scene is unsafe.
- Move to a safe location if you can do so safely.
- Exchange contact and insurance information.
- Photograph the vehicles, roadway, traffic signs, injuries, and surrounding conditions.
- Get contact information from witnesses.
- Request the police report number.
- Notify your insurance company promptly.
- Seek medical attention for injuries or symptoms.
- Keep medical bills, repair estimates, wage-loss records, and insurer correspondence.
- Avoid admitting fault or speculating about what happened.
The National Association of Insurance Commissioners recommends collecting driver, insurance, witness, officer, vehicle, roadway, and scene information after a crash.
What If I Am Still Unsure?
If you are unsure whether you need a lawyer, schedule a consultation before accepting money or signing a release. Bring the insurance correspondence, photographs, medical records, repair estimates, wage-loss records, and any police report.
The applicable deadline depends on your state and the type of claim, so do not wait if an injury or legal dispute is involved.