Car Accident Attorneys

Q: Should I talk to the other driver’s insurance company?

No — at least not without an attorney. Anything you say in a recorded statement can be used to argue you contributed to the crash, that your injuries pre-existed, or that you’ve recovered faster than you have. The adjuster is trained; you aren’t. Direct them to your own insurer or your attorney.

Q: How long do I have to file a car accident claim?

It depends on your state and what kind of claim it is. Personal-injury claims typically range from 1 to 6 years, with 2–3 years being the most common. Claims against government drivers or vehicles often require formal notice within 30 to 180 days. Property-damage claims and wrongful-death claims have their own clocks. Don’t assume — confirm.

Q: The insurance company offered a settlement. Should I take it?

Almost never on a first offer, and rarely before you’ve finished medical treatment. The first offer is the carrier’s opening number, not its real number — and signing the release ends your right to recover more, even if you find out next month that you need surgery. A serious case typically settles for several times the first offer once an attorney is involved.

Q: What if the other driver was uninsured or fled the scene?

You file under your own uninsured-motorist (UM) coverage. UM and UIM coverage stand in for the missing or underfunded liability policy, and most states require insurers to offer it. If you didn’t affirmatively reject it in writing, you almost certainly have it.

Q: What if I was partly at fault?

In most states, partial fault reduces your recovery by your percentage but doesn’t eliminate it. In a small number of states, being even slightly at fault wipes the case out entirely. Either way, the adjuster will try to push as much fault onto you as possible — that’s their leverage. An attorney pushes back with the same evidence (scene photos, dashcam, telematics, witnesses).

Q: How much does a car accident attorney cost?

Almost all car accident attorneys work on contingency — typically 33% of the recovery if the case settles, 40% if it goes to trial. If you don’t win, you don’t pay attorney fees. Case costs (filing fees, experts, depositions) are advanced by the firm and reimbursed from the recovery.

Q: Do I have a case if I wasn’t hurt badly?

It depends on what "not badly" means. Soft-tissue injuries (whiplash, sprains) absolutely qualify if they required treatment, time off work, or have lingering effects. Even minor-seeming crashes can produce delayed-onset injuries that don’t surface for days. The right question isn’t how bad it felt at the scene — it’s how it affected your life afterward.

DearLegal connects you with experienced car accident attorneys who handle the insurance company so you can focus on recovering. Whether it was a rear-end, a highway pile-up, a hit-and-run, or a rideshare crash, we’ll match you with the right attorney near you — at no cost to get started.

Should I talk to the other driver’s insurance company?

How long do I have to file a car accident claim?

The insurance company offered a settlement. Should I take it?

What if the other driver was uninsured or fled the scene?

What if I was partly at fault?

How much does a car accident attorney cost?

Do I have a case if I wasn’t hurt badly?

Why Do You Need a Car Accident Attorney?

Insurance adjusters open every claim looking for a reason to pay less. They’ll downplay your injuries, dispute the cause of the crash, push you to give a recorded statement, and offer a fast settlement before you know the full cost of your medical care. An attorney takes those tactics off the table. They build the medical record, lock down the scene evidence, negotiate against the carrier, and file suit if the offer never matches the harm. The single biggest predictor of a higher settlement is having a lawyer in the file. The second is acting before evidence disappears.

Filing Deadlines

Every state sets its own deadline (the "statute of limitations") for car accident claims — typically 1 to 6 years, with shorter deadlines for claims against government drivers or vehicles. Miss the deadline and the claim is barred.

Fault Rules

Most states reduce your recovery by your share of fault (comparative negligence). A handful of states bar recovery entirely if you’re even slightly at fault (contributory negligence). Which rule applies — and how the adjuster argues it — matters more than most people realize.

Insurance Systems

About a dozen states require no-fault PIP coverage that pays your own medical bills before any lawsuit is allowed; the rest are tort states where you pursue the at-fault driver directly. Some no-fault states also impose injury "thresholds" before a claim against the other driver can proceed.

Uninsured / Underinsured Motorist (UM/UIM)

Most states require insurers to offer UM/UIM coverage in writing. If the at-fault driver has no insurance or not enough, this is what stands between you and an empty file. Many drivers don’t know they have it — or don’t know they waived it.

Federal Trucking Rules

Crashes involving commercial trucks fall under the Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 380–399) — driver hours, drug testing, maintenance, and recordkeeping requirements that don’t apply to ordinary drivers. Trucking cases live or die on those records.

Typical Attorney Fee

33% contingency — no fee unless you win

When Do You Need a Car Accident Attorney?

Our network includes car accident attorneys who handle every kind of case, including:

Types of Car Accident Cases

From the moment you connect with a car accident attorney, they go to work protecting your case. The most common matters we handle:

Giving a recorded statement to the at-fault driver’s insurance company

Posting about the crash, your injuries, or your activities on social media

Skipping medical treatment or having long gaps in care — insurers use both against you

Accepting the first settlement offer before treatment is complete

Signing a medical authorization that gives the carrier access to your full lifetime medical history

Waiting too long to file — both for the lawsuit and for any required government notice

Assuming a minor-looking crash means a minor case (delayed-onset injuries are real)

Giving a recorded statement to the at-fault driver’s insurance company

Posting about the crash, your injuries, or your activities on social media

Skipping medical treatment or having long gaps in care — insurers use both against you

Accepting the first settlement offer before treatment is complete

Signing a medical authorization that gives the carrier access to your full lifetime medical history

Waiting too long to file — both for the lawsuit and for any required government notice

Assuming a minor-looking crash means a minor case (delayed-onset injuries are real)

Common Car Accident Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Car Accident Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Car accident attorneys nationwide typically work on contingency — most commonly 33% if the case settles before suit is filed and 40% once it’s in litigation. You pay nothing up front and owe no attorney fee if there’s no recovery. Case costs (filing fees, depositions, experts, records) are advanced by the firm and reimbursed from the recovery at the end.

What Can Your Car Accident Compensation Include?

Medical Expenses

Past and future medical bills — ER, surgery, imaging, physical therapy, chiropractic, mental health, future treatment, durable medical equipment. Includes the bills your health insurer paid, which it will likely seek to recover (subrogation).

Lost Wages and Future Earnings

Income lost while recovering, plus reduced earning capacity if your injuries limit what you can do for work going forward. For permanent injuries, this is often the largest category of damages.

Pain and Suffering

Non-economic damages for physical pain, mental anguish, and loss of enjoyment of life. Many states cap these damages in certain types of cases; an attorney will know which apply.

Property Damage

Repair or replacement of your vehicle and personal property destroyed in the crash. Diminished-value claims (the resale-value loss on a repaired vehicle) are available in some states.

Punitive Damages

Available in cases involving drunk driving, road rage, or other willful conduct — though some states cap them or bar them in standard auto cases. Where available, they can substantially increase the total recovery.

Wrongful Death Damages

For fatal crashes — funeral expenses, lost financial support, loss of companionship for surviving spouses and children, and the decedent’s conscious pain and suffering before death. Governed by state-specific wrongful-death statutes.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Car Accident Attorneys

Why Do You Need a Car Accident Attorney?

When Do You Need a Car Accident Attorney?

Types of Car Accident Cases

Common Car Accident Mistakes

How Much Do Car Accident Attorneys Cost?

What Can Your Car Accident Compensation Include?

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