Choosing a Car Accident Lawyer: Fees, Questions, Red Flags

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Many people settle a small, property-only claim on their own, and many hire a lawyer when they are hurt, fault is disputed or an insurer delays or denies the claim. A common path is to get names from the state bar's lawyer referral service, check each lawyer's license with the state bar, meet more than one, and read the fee agreement before signing. Most car accident lawyers work on a contingency feeContingency fee. A lawyer's fee paid as a share of what you recover. If there is no recovery, there is usually no fee. Glossary, and the professional rules require that agreement to be in writing and to say how the fee and costs are worked out.

Key facts

Contingency fee agreement: Must be in writing signed by the clientABA Model Rule 1.5(c); each state adopts its own version
Settlement decision: Under Rule 1.2(a), the client decides whether to settleABA model rule; states have their own versions
Your settlement money: Held in a separate account, apart from the lawyer's own moneyABA Model Rule 1.15(a)
In-person solicitation: A lawyer may not solicit you by live person-to-person contact when a significant motive is the lawyer's financial gain, with narrow exceptionsABA Model Rule 7.3(b)
Texas ban on unsolicited contact after a crash: 30 daysTex. Penal Code § 38.12
Florida time to cancel an injury fee contract: 3 business daysNo fee owed for that period
State bar referral line, Texas example: (800) 252-9690Every state bar runs its own service or list

When a lawyer helps, and when people go it alone#

A lawyer is not required to make an insurance claim. Many people handle a fender bender with no injuries themselves: they send the repair estimate, photos and the police report to the insurer and negotiate the repair bill or the car's value.

Claims tend to become harder, and lawyers more common, when:

you were injured, especially if treatment lasts weeks or months or the injury may be lasting;
the other side blames you, and your state's fault rule could cut or bar your recovery;
a truck, a company vehicle, a rideshare car or a government vehicle was involved;
someone died, and the family has a wrongful death claim;
the insurer delays, denies or makes an offer you cannot evaluate;
your filing deadline is getting close.

The deadline matters most. The statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for an adult's injury lawsuit is 2 years in Texas and 1 year in Tennessee, and claims against a government body can need written notice much sooner. You can look up your state with the deadline tools. Our guide to when to hire a lawyer covers these situations in more detail.

How to find a lawyer#

Advertising tells you who spends money on advertising. It does not tell you who is licensed, who has relevant experience or who will actually work on your file. Two official tools help more.

State bar referral services

Many state bars, and some city and county bars, run a lawyer referral service. You describe the problem, and the service gives you the name of a participating lawyer who handles that kind of case. Ask when you call whether the service or the first meeting has any fee.

In Texas, for example, the State Bar runs a certified Lawyer Referral & Information Service (LRIS) at (800) 252-9690. Our Texas guide shows what each state page lists under "Finding a lawyer", and the guide to lawyer referral services explains how these services work and what they do not do.

Check the license

Each state keeps a public record of the lawyers it licenses, usually searchable online. A lawyer generally needs a license in the state where your case will be handled, or must work with a local lawyer who has one. The lookup also shows whether the lawyer is in good standing and, in many states, any public discipline. The guide to checking a lawyer's license walks through the steps.

The first consultation#

Many injury lawyers advertise a free first meeting, but not all; ask before you go. The meeting is a chance for both sides to decide. The lawyer wants to know whether the case is one the firm can take. You want to know whether you trust this person with your claim.

Under the professional rules, such as Florida's Rule 4-1.18 on prospective clients, a lawyer generally may not use or reveal what you say in a consultation, even if you do not hire them. Be complete and honest about the crash, your injuries and anything you have already said to an insurer.

It helps to come with questions written down. Who will handle the file day to day? How will you hear about progress? What happens to the case costs if you lose? The guide to questions to ask a lawyer has a full list, with the reason behind each one.

What to bring

Item	Why it helps
Police report, or the report number	Shows the officer's account and the other driver's insurer
Photos and videos of the scene, vehicles and injuries	Lets the lawyer see how the crash happened
Your own insurance policy or declarations page	Shows PIP, medical payments and uninsured motorist coverage
Letters, emails and claim numbers from any insurer	Shows what has been offered or denied
Medical records, bills and a list of providers	Shows the injuries and the cost so far
Proof of missed work	Supports a lost-income claim
Anything you have signed since the crash	A release or authorization can change the claim

How lawyers are paid#

Most car accident lawyers charge a contingency feeContingency fee. A lawyer's fee paid as a share of what you recover. If there is no recovery, there is usually no fee. Glossary: a share of what you recover, and no fee if there is no recovery. Under ABA Model Rule 1.5(c), the agreement must state the percentage the lawyer takes if the case settles, goes to trial or is appealed, the expenses to be deducted, and whether they come out before or after the fee, and it must tell you about any expenses you must pay whether or not you win.

The fee and the case costsCase costs. Out-of-pocket expenses of pursuing a claim, such as filing fees, medical records, expert witnesses and court reporters. They are separate from the lawyer's fee. Glossary are two different things. Costs include filing fees, medical records, expert witnesses and depositions. A fee agreementFee agreement. The written contract that hires a lawyer. It says what work the lawyer will do, how the fee is worked out and who pays the costs of the case. Glossary can deduct them before or after the lawyer's percentage is calculated, which changes how much reaches you. Some states set extra rules. Florida, for example, treats personal injury fees above set levels as presumed excessive without court approval, starting at 33 1/3% of any recovery up to $1 million before the defendant answers the lawsuit. Federal law also caps lawyers' fees on claims against the US government at 20% of an administrative settlement and 25% once a lawsuit is filed.

The guide to fee agreements goes clause by clause, and contingency fees explains the math with worked examples.

Red flags#

Some warning signs are matters of taste. Others break the rules lawyers are licensed under, and a few are crimes.

Someone approaches you at the hospital, the scene or your home. The ABA model rule says a lawyer may not solicit you by live person-to-person contact when a significant motive is the lawyer's financial gain, with narrow exceptions. Paying a "runner" to sign up crash victims is illegal in some states, including California and Texas; in Texas, barratryBarratry. Stirring up lawsuits or soliciting clients illegally, for example by paying people to sign up crash victims for a lawyer. Some states, including Texas, make it a crime. Glossary under Tex. Penal Code § 38.12 is a third-degree felony.
A guarantee. No honest lawyer can promise a result or a dollar figure before the evidence is in.
Pressure to sign today, or a refusal to let you take the agreement home.
No written fee agreement, or one with blank spaces.
Silence. Calls and emails that go unanswered for weeks.
Settling without asking you. Under the model rules, the client decides whether to settle, not the lawyer.

The guide to red flags covers each of these, with the rules behind them and how to complain to a state bar.

Your rights as a client#

Hiring a lawyer does not mean handing over control of the claim. Under the ABA model rules, which most states follow in some form:

The settlement decision is yours. The lawyer advises, but the client decides whether to settle.
You are entitled to updates. A lawyer must keep you reasonably informed and promptly answer reasonable requests for information.
Your money is protected. Settlement funds must be kept in a separate account, apart from the lawyer's own money, called a client trust accountClient trust account. A bank account a lawyer must keep separate from the firm's own money. Settlement checks and other client funds go into it until they are paid out. Glossary, and the lawyer must promptly pay you the funds you are entitled to and, if you ask, give a full accounting.
You get a closing statement. At the end of a contingency case, the lawyer must give you a written statement of the outcome and, if there is a recovery, what you receive and how it was worked out.
You can change lawyers. You can end the relationship, although the first lawyer may be owed a fee for work already done. The guide to changing lawyers explains how.

Some states go further. Florida requires lawyers to give injury clients a signed Statement of Client's Rights for Contingency Fees before the contract is signed, and lets the client cancel within 3 business days.

Which guide do you need?#

Guide	Read it if
When to hire a lawyer	You are deciding whether your claim needs one at all
Questions to ask a lawyer	You have a consultation booked
Fee agreements	You have a contract in front of you
Red flags	Something about a lawyer or a contact feels wrong
Check a lawyer's license	You have a name and want to confirm it
Lawyer referral services	You do not know where to start
Changing lawyers	You already have a lawyer and are unhappy
Handling a claim without a lawyer	Your claim is small and you plan to do it yourself

Guides in this section#

Questions people ask

Do I need a lawyer for a car accident claim?

Not always. Many people handle small claims with no injuries on their own. Lawyers are more common when someone is hurt, fault is disputed, a commercial or government vehicle was involved, or the insurer delays or denies the claim.

How do I find a good car accident lawyer?

Many people start with their state bar's lawyer referral service, then check each name in the state bar's license lookup and meet two or three lawyers. Asking who will handle the case, how you will be kept informed and how costs are paid tells you more than an advertisement.

How much does a car accident lawyer cost?

Most work on a contingency fee, a share of what you recover, with no fee if there is no recovery. The percentage is set in the written agreement and can usually be negotiated; California requires the contract to say that the fee is not set by law but is negotiable. Case costs are separate, so ask how they are paid and whether you owe them if you lose.

Is a first consultation with a lawyer confidential?

Generally, yes. The professional rules protect what a prospective client tells a lawyer during a consultation, even if no lawyer-client relationship follows. Ask the lawyer if you are unsure.

Can a lawyer settle my case without my permission?

No. Under ABA Model Rule 1.2(a) and the state rules based on it, the client decides whether to accept a settlement. A lawyer who settles without your consent can face discipline.

Is it legal for a lawyer to contact me after a crash?

Advertising and some letters are allowed, but in-person solicitation for profit is banned by the model rules, and some states go further. Texas makes it an offense for lawyers and certain other professionals to send unsolicited contact about an accident within 30 days after it.

How do I complain about a lawyer?

Each state has a lawyer discipline office, usually run by the state bar or the state's highest court. It takes written complaints, often online. A discipline complaint does not usually get you money back; fee disputes and malpractice claims are handled separately.

Sources

American Bar Association, Model Rules of Professional Conduct, Rule 1.5: Fees — contingent fee agreements and closing statements
American Bar Association, When You Need a Lawyer: filing a complaint — where complaints about lawyers go
The Florida Bar, Rules Regulating The Florida Bar, Chapter 4 — Rule 4-1.18 on prospective clients and the Statement of Client's Rights
Texas Legislature, Penal Code chapter 38 — barratry and solicitation
American Bar Association, Model Rules of Professional Conduct, Rule 1.2(a) — as of October 2026
American Bar Association, Model Rules of Professional Conduct, Rule 1.15(a) — as of October 2026
American Bar Association, Model Rules of Professional Conduct, Rule 7.3(b) — as of October 2026
State Bar of Texas, Lawyer Referral & Information Service — as of October 2026
Texas Legislature, Civil Practice and Remedies Code § 16.003(a) — as of October 2026
Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104 — as of October 2026
Cornell LII, 28 U.S.C. § 2678 — as of October 2026
American Bar Association, Model Rules of Professional Conduct, Rule 1.4(a) — as of October 2026
State Bar of California, State Bar Act: Business and Professions Code § 6147(a)(4) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

Choosing a car accident lawyer: what to know before you sign