What a car accident claim can cover
A car accident claim asks the at-fault driver's insurer — or sometimes your own — to pay for the losses the crash caused you. Depending on your state and your insurance, that can include:
- Medical bills, now and in the future
- Lost wages and reduced ability to earn
- Pain, suffering and emotional distress
- Vehicle repair or replacement and rental costs
- Out-of-pocket costs such as prescriptions and travel to treatment
When a car accident attorney makes the biggest difference
Not every fender-bender needs a lawyer. An attorney usually adds the most value when you were injured and needed medical treatment, when fault is disputed, when the insurer is offering less than your bills, when the other driver was uninsured, or when a commercial vehicle or rideshare driver was involved.
Insurance adjusters are trained to close claims quickly and cheaply. Attorneys know how to document injuries, calculate future costs and negotiate — and insurance-industry research has found that claimants with attorneys tend to receive larger payments.
What to have ready for your free review
You do not need everything to get started, but these details help the attorney evaluate your case faster:
- Date and state of the accident
- A short description of how it happened
- Your injuries and where you were treated
- Whether police came to the scene or a report was filed
- Your insurance and the other driver's, if you have it
At-fault and no-fault states
In most states the at-fault driver's insurance pays for your injuries. About a dozen states use a "no-fault" system where your own personal injury protection (PIP) coverage pays first, and you can step outside no-fault only when injuries cross a legal threshold. The attorney who reviews your case will explain which rules apply where your accident happened.
Frequently asked questions
Do I need a lawyer after a car accident?
If you were injured, needed medical treatment, or the insurer is disputing fault or offering a low amount, speaking with an attorney is usually worthwhile. The review is free, so you can find out before deciding.
How long do I have to file a car accident claim?
It depends on the state — typically two to three years for injury lawsuits, and as little as one year in a few states. See our statute of limitations by state guide, and act quickly because insurance notice deadlines can be much shorter.
What if the accident was partly my fault?
Most states still let you recover if you share some of the blame, with your compensation reduced by your share. A few states bar recovery if you were even slightly at fault, so it is worth having an attorney review the facts.
How much does a car accident attorney cost?
Most car accident attorneys work on contingency — a percentage of what they recover for you, and nothing if there is no recovery. The attorney will explain their fee in writing before you sign.