A car accident lawyer is worth consulting if you were injured, fault is disputed, the insurance company delays or denies your claim, or your losses may be substantial.
This guide covers 8 common claim situations.
You may not need a lawyer for a minor, property-damage-only accident when:
- Nobody was injured.
- The other driver clearly caused the crash.
- The other driver has adequate insurance.
- The insurer accepts liability.
- The settlement fairly covers repairs, towing and rental transportation.
The fact that the accident was not your fault supports your claim, but it does not automatically determine the amount of compensation you should receive. The insurer may still investigate the evidence, coverage and value of your losses.
When Should I Get a Car Accident Lawyer?
You should get legal advice when the crash caused an injury, fault is disputed, insurance coverage is limited or the insurer will not make a fair payment.
| Situation | Should you get a lawyer? | Why |
|---|---|---|
| Minor damage and no injuries | Usually no | You may be able to resolve the property claim directly with the insurers. |
| You received medical treatment | Usually yes, or get a consultation | Medical costs, future treatment and lost income can make the claim more difficult to value. |
| The insurer says you were partly at fault | Yes | Comparative-fault rules vary by state and can reduce or bar recovery. |
| The other driver has no insurance or insufficient insurance | Yes | You may need to pursue uninsured or underinsured motorist coverage. |
| You have continuing pain, a serious injury or a permanent impairment | Yes | The full value of the claim may not be clear immediately. |
| The insurer offers a quick settlement or asks you to sign a release | Consult a lawyer before signing | A settlement agreement can affect your ability to seek additional compensation. |
| The crash involved a commercial truck, rideshare vehicle or multiple drivers | Yes | Several parties, insurers and coverage policies may be involved. |
| The insurer denies, delays or undervalues the claim | Usually yes | A lawyer can challenge the decision and pursue the claim. |
You Were Injured, Even If the Injury Seems Minor
A lawyer is more likely to be worthwhile when the crash caused medical expenses, missed work, ongoing symptoms or the possibility of future treatment.
Some injuries become more apparent after a crash. If you settle before understanding the extent of the injury, you may have difficulty seeking additional compensation later. Do not sign a release just because the insurer offers payment quickly.
Depending on state law and the evidence, a personal injury claim may include:
- Medical treatment and rehabilitation
- Lost wages and reduced earning capacity
- Vehicle damage and transportation costs
- Permanent impairment or disfigurement
- Pain and suffering
- Other accident-related losses
Your lawyer will need evidence to support those losses. Medical records, bills, wage information, photographs, witness accounts and the police crash report may all matter. The National Association of Insurance Commissioners recommends collecting witness information, officer details, photographs, location information and notes about road and weather conditions after a collision.
The Other Driver Was at Fault, but the Insurance Company Disagrees
You should strongly consider hiring a lawyer if the insurer claims that you caused or contributed to the collision.
Fault may depend on evidence such as:
- Traffic-camera or dashcam footage
- Vehicle damage and the point of impact
- Eyewitness statements
- Police reports
- Cellphone or vehicle data
- Road design, signs and traffic signals
- Statements made by the drivers
A police report can support your position, but the insurer may conduct its own investigation. A lawyer can gather evidence, communicate with the adjuster and explain why the other driver should be held responsible.
State law also matters. Some states reduce compensation based on a person's percentage of fault. Other rules can prevent recovery after a certain fault threshold. The applicable rules depend on where the crash occurred.
The Other Driver Was Uninsured or Underinsured
A lawyer can be useful when the at-fault driver has no insurance, has insufficient policy limits or fled the scene.
Your own policy may include:
- Uninsured motorist coverage, which can apply when the responsible driver has no insurance or cannot be identified.
- Underinsured motorist coverage, which can apply when the responsible driver's policy does not fully cover your losses.
- Personal injury protection, or PIP, which may cover medical expenses and lost wages regardless of fault in some states.
- Medical payments coverage, which may help pay accident-related medical bills.
The policy language and state law determine how these coverages work. The NAIC explains that uninsured and underinsured motorist coverage may help when the at-fault driver lacks insurance or does not have enough coverage. PIP can pay certain injury-related expenses in no-fault states.
When You Probably Do Not Need a Lawyer
Handling the claim yourself may be reasonable when the accident caused only limited vehicle damage and:
- The other driver clearly caused the crash.
- The insurer accepts responsibility.
- Your car is repairable or the total-loss valuation is fair.
- You have no injury or medical claim.
- There are no disputes about lost wages, permanent damage or other major losses.
You should still notify your own insurer promptly, preserve photographs and records, and review the settlement carefully. If you disagree with the insurer's valuation, ask for a written explanation and check whether your policy contains an appraisal process.
The NAIC also recommends contacting your state insurance department if you cannot resolve a claim-handling or settlement dispute with the insurer.
What Does a Car Accident Lawyer Cost?
Many personal injury lawyers use a contingency-fee arrangement. The lawyer receives an agreed percentage of the recovery instead of charging an hourly fee upfront.
Before hiring a lawyer, ask:
- What percentage applies if the case settles?
- Does the percentage change if a lawsuit or trial becomes necessary?
- Are case expenses deducted before or after the lawyer's fee?
- Who pays filing fees, expert fees and medical-record costs?
- Will you owe expenses if there is no recovery?
- Does the lawyer represent you for both injury and property-damage claims?
The American Bar Association's Model Rule 1.5 says a contingency-fee agreement should be written. It should explain the percentage, litigation expenses and whether expenses are deducted before or after calculating the fee. State rules may impose additional requirements.
What Should You Do Before Speaking With a Lawyer?
Start by getting medical attention, reporting the crash and preserving evidence. Then avoid signing a release until you understand what claims the agreement resolves.
- Get medical attention for any pain, symptoms or suspected injury.
- Report the crash to your own insurer as soon as possible.
- Save evidence, including photographs, videos, witness details, repair estimates and the crash report.
- Keep a record of losses, such as medical bills, mileage, missed work and rental-car expenses.
- Avoid guessing about fault when speaking with insurers. Give accurate information, but do not speculate.
- Do not sign a release or accept a final settlement until you understand what claims the agreement resolves.
- Check the deadline for an insurance claim or lawsuit in your state.
Personal-injury deadlines vary by jurisdiction and by the type of claim. A statute of limitations can prevent a claim from being filed after the applicable period expires. Do not wait until the deadline is close to seek legal advice.
Bottom Line
Get a lawyer or prompt legal advice if you were injured, the other driver disputes fault, the insurer offers less than your losses, the driver was uninsured, or the crash involved serious or complicated circumstances.
For a straightforward accident involving minor vehicle damage, no injuries and a fair insurance offer, you can often handle the claim yourself. This is general U.S. information. The correct advice depends on the state where the accident occurred, your insurance policy and the evidence.