Choosing an Auto Accident Attorney: Questions to Ask
Choosing a car accident lawyer is easier with a short list of questions. Some crashes involve a single insurer and a modest property claim, while others involve serious injuries, several policies and disputed fault. The questions below can make a first consultation more useful, whatever the size of the claim.
Start with the license
Before the first meeting, check the basics. Each state bar or licensing agency provides a way to confirm that a lawyer is licensed and in good standing, and many also publish disciplinary history. A directory listing or a rating badge reflects the publisher's own selection process, not a license check and not a prediction of results. If the crash happened in another state, ask whether the lawyer is licensed there or will work with local counsel.
Questions about experience
Ask how many car crash claims the lawyer handles and what kinds. An auto accident lawyer should be comfortable with coverage questions, including uninsured motorist (UM) claims, PIP, MedPay and Medicare or health plan liens. Ask how the firm gathers evidence such as crash reports, dashcam video and event data recorder (EDR) downloads. Ask whether the lawyer has taken car crash cases to trial, because trial experience can shape how a case is prepared, even though most claims settle.
Understand the fee agreement
Many injury lawyers work on a contingency fee, meaning a percentage of any recovery. ABA Model Rule 1.5(c), which many states have adopted in some form, requires a contingent fee agreement to be in writing and signed by the client, and to explain how the fee is calculated and whether expenses come out before or after it. Ask who covers case costs if there is no recovery, such as filing fees, medical record charges and deposition costs. Ask whether the percentage rises if a lawsuit is filed, and ask for a written closing statement at the end.
Communication and staffing
Ask whether the car accident lawyer you meet will be the one handling the case, and how often to expect updates. Ask who will answer questions when the lawyer is unavailable, and how updates are usually sent. If the firm plans to refer the case or bring in co-counsel, ABA Model Rule 1.5(e) generally requires the client's agreement, confirmed in writing, before lawyers in different firms divide a fee.
Preparing for the consultation
A consultation is more useful when the documents are available. Bring the crash report, or the report number if the report is not ready yet, together with photos of the vehicles and the scene. Letters from insurers and any forms already signed are worth bringing too, since they show who has made contact and what has been agreed. Medical bills and proof of missed work help document the losses so far.
What no lawyer can promise
Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can know the outcome of a claim in advance. Unsolicited calls or visits after a crash are another warning sign, since ABA Model Rule 7.3 generally restricts live person-to-person solicitation by lawyers. A car accident lawyer should be able to explain the statute of limitations that applies. This is general information, not legal advice.