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

> How to find and hire a car accident lawyer: when one helps, bar referral services, license checks, first meetings, contingency fees and red flags.

Canonical page: https://accidentclaimfacts.com/choosing-a-lawyer/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
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 fee, and the professional rules require that agreement to be in writing and to say how the fee and costs are worked out.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Contingency fee agreement | Must be in writing signed by the client | ABA Model Rule 1.5(c); each state adopts its own version |
| Settlement decision | Under Rule 1.2(a), the client decides whether to settle | ABA model rule; states have their own versions |
| Your settlement money | Held in a separate account, apart from the lawyer's own money | ABA 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 exceptions | ABA Model Rule 7.3(b) |
| Texas ban on unsolicited contact after a crash | 30 days | Tex. Penal Code § 38.12 |
| Florida time to cancel an injury fee contract | 3 business days | No fee owed for that period |
| State bar referral line, Texas example | (800) 252-9690 | Every 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 limitations 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](https://accidentclaimfacts.com/tools/). Our guide to [when to hire a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/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](https://accidentclaimfacts.com/location/texas/) shows what each state page lists under "Finding a lawyer", and the guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/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](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-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](https://accidentclaimfacts.com/choosing-a-lawyer/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 fee: 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 costs are two different things. Costs include filing fees, medical records, expert witnesses and depositions. A fee agreement 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](https://accidentclaimfacts.com/choosing-a-lawyer/fee-agreements/) goes clause by clause, and [contingency fees](https://accidentclaimfacts.com/money/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, barratry 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](https://accidentclaimfacts.com/choosing-a-lawyer/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:

1. **The settlement decision is yours.** The lawyer advises, but the client decides whether to settle.
2. **You are entitled to updates.** A lawyer must keep you reasonably informed and promptly answer reasonable requests for information.
3. **Your money is protected.** Settlement funds must be kept in a separate account, apart from the lawyer's own money, called a client trust account, and the lawyer must promptly pay you the funds you are entitled to and, if you ask, give a full accounting.
4. **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.
5. **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](https://accidentclaimfacts.com/choosing-a-lawyer/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](https://accidentclaimfacts.com/choosing-a-lawyer/when-to-hire-a-lawyer/) | You are deciding whether your claim needs one at all |
| [Questions to ask a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/questions-to-ask-a-lawyer/) | You have a consultation booked |
| [Fee agreements](https://accidentclaimfacts.com/choosing-a-lawyer/fee-agreements/) | You have a contract in front of you |
| [Red flags](https://accidentclaimfacts.com/choosing-a-lawyer/red-flags/) | Something about a lawyer or a contact feels wrong |
| [Check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) | You have a name and want to confirm it |
| [Lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) | You do not know where to start |
| [Changing lawyers](https://accidentclaimfacts.com/choosing-a-lawyer/changing-lawyers/) | You already have a lawyer and are unhappy |
| [Handling a claim without a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/handling-a-claim-without-a-lawyer/) | Your claim is small and you plan to do it yourself |

## Guides in this section

- [When to hire a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/when-to-hire-a-lawyer/): Injury, disputed fault, commercial or government vehicles, a death, insurer delays and a close deadline are when people usually hire a…
- [Questions to ask](https://accidentclaimfacts.com/choosing-a-lawyer/questions-to-ask-a-lawyer/): A practical list of questions for a first meeting with a car accident lawyer, grouped by topic, with the reason behind each one and the…
- [Fee agreements](https://accidentclaimfacts.com/choosing-a-lawyer/fee-agreements/): What a contingency fee agreement must say under the ABA model rule, how case costs work and who pays them if the case is lost, the closing…
- [Red flags](https://accidentclaimfacts.com/choosing-a-lawyer/red-flags/): The warning signs to watch for when a lawyer contacts you or asks you to sign, the professional rules and state laws behind them, and how…
- [Check a license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/): Every state keeps public records of the lawyers it licenses. How to look a lawyer up, read the listing, and check certification…
- [Lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/): Bar-run lawyer referral services match you with a screened lawyer, often for a low-cost first consultation. How they work, what they cost…
- [Changing lawyers](https://accidentclaimfacts.com/choosing-a-lawyer/changing-lawyers/): You can end a lawyer relationship at any time. What the first lawyer must do, how fees are usually handled when a new lawyer takes over a…
- [Without a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/handling-a-claim-without-a-lawyer/): Many people settle property-only and minor injury claims on their own. The steps, when small claims court fits, the risks of releases…
## FAQ

### 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](https://www.americanbar.org/groups/professional_responsibility/publications/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](https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyer_filecomplaint/) — where complaints about lawyers go
- [The Florida Bar, Rules Regulating The Florida Bar, Chapter 4](https://www-media.floridabar.org/uploads/2026/10/2027_04-OCT-Chapter-4-RRTFB.pdf) — Rule 4-1.18 on prospective clients and the Statement of Client's Rights
- [Texas Legislature, Penal Code chapter 38](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm) — barratry and solicitation
- [American Bar Association, Model Rules of Professional Conduct, Rule 1.2(a)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_2_scope_of_representation_allocation_of_authority_between_client_lawyer/), checked October 29, 2026
- [American Bar Association, Model Rules of Professional Conduct, Rule 1.15(a)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_15_safekeeping_property/), checked October 29, 2026
- [American Bar Association, Model Rules of Professional Conduct, Rule 7.3(b)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_7_3_direct_contact_with_prospective_clients/), checked October 29, 2026
- [State Bar of Texas, Lawyer Referral & Information Service](https://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/LawyerReferralServiceLRIS/default.htm), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026
- [Cornell LII, 28 U.S.C. § 2678](https://www.law.cornell.edu/uscode/text/28/2678), checked October 29, 2026
- [American Bar Association, Model Rules of Professional Conduct, Rule 1.4(a)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/), checked October 29, 2026
- [State Bar of California, State Bar Act: Business and Professions Code § 6147(a)(4)](https://www.calbar.ca.gov/sites/default/files/2025-09/Publication-250-Volume-1.pdf), checked October 29, 2026