What to look for when choosing an uninsured motorist accident lawyer
An uninsured motorist lawyer handles claims when the other driver has no insurance or their coverage is too low to pay your damages. The lawyer's job is to file a claim with your own insurance company under your uninsured motorist coverage, not to sue the other driver directly (though that can happen if the driver has assets worth pursuing). Most uninsured motorist lawyers work on contingency, meaning they take a percentage of what you recover instead of charging an upfront fee.
When you compare lawyers in your area, focus on three things: whether they have experience with uninsured motorist claims specifically, what percentage they charge, and how they handle communication with your insurer. Some lawyers specialize in these claims; others treat them as one type of case among many. A lawyer who handles dozens of uninsured motorist claims a year will know your insurer's typical tactics and settlement patterns better than a generalist.
The percentage matters because it directly reduces what you receive. Most lawyers charge between 25 and 40 percent of the settlement or judgment, but some charge less for straightforward cases or more for cases that go to trial. Ask what the percentage covers—some lawyers charge a separate percentage for appeals or post-settlement work, and some add costs like medical record retrieval or informed witness fees on top of their percentage.
Key Takeaways
- Uninsured motorist lawyers file claims against your own insurance policy, not the other driver's, so your policy limits determine the maximum payout regardless of the lawyer's skill.
- Most charge between 25 and 40 percent of your recovery, and the percentage varies by lawyer and case complexity, so asking upfront prevents surprises later.
- Experience with uninsured motorist claims specifically matters more than general personal injury experience, because these claims follow different rules and your insurer has different incentives than a third-party insurer.
- Lawyers in your state must be licensed in that state, and you can verify their license and complaint history through your state bar association's website.
- Initial consultations are usually free, and most lawyers will tell you within that call whether your case is worth pursuing and what they think it might be worth.
How to find lawyers in your area
Start with your state bar association's lawyer referral service. Every state bar maintains a searchable directory of licensed attorneys and often filters by practice area. Search for "uninsured motorist" or "personal injury" and your county or city. The bar's directory also shows whether a lawyer has disciplinary history, which is public record you should always check.
Ask your primary care doctor or your car insurance agent for referrals. Doctors see accident victims regularly and know which lawyers actually settle cases fairly and quickly. Insurance agents, while they represent the insurer's interests, often know which lawyers are reasonable to work with and which ones file frivolous claims—that reputation matters because your insurer will negotiate more readily with a lawyer they trust.
Online directories like Avvo, Justia, and Google Business show lawyer reviews, but treat reviews with skepticism. A lawyer with five five-star reviews may have only five total clients; a lawyer with 4.2 stars and 200 reviews is more reliable. Read the one-star reviews to see what actually went wrong—if complaints are about communication or slow settlement, that tells you something. If they're about the lawyer losing a case, remember that even good lawyers lose cases.
Ask your friends and family, especially anyone who has filed an uninsured motorist claim. They can tell you whether the lawyer actually communicated, whether the settlement took three months or three years, and whether they felt pressured to accept a lowball offer.
Questions to ask when you call
Call three to five lawyers and ask the same questions so you can compare answers. Start with: "How many uninsured motorist claims have you handled in the past two years?" A lawyer who has handled 50 or more has real experience; one who has handled five is learning on your case. Ask: "What is your contingency percentage, and does it change if the case goes to trial or appeal?" This tells you the true cost and whether the lawyer has incentive to settle quickly or push for trial.
Ask: "How do you communicate with clients—phone, email, text—and how often?" Some lawyers check in weekly; others go silent for months. Ask: "What is the average time from when I hire you to when I receive a settlement check?" This varies wildly depending on whether your insurer is cooperative and whether the case is straightforward. A lawyer who says "usually three to six months" is being realistic; one who says "two weeks" is either lying or handling only the simplest cases.
Ask: "Will you handle my claim if my insurer denies it, and if so, what does that cost?" Some lawyers only handle claims that insurers accept; others will file a lawsuit against your own insurer if they wrongfully deny coverage. That is a different service and may cost more. Ask: "What costs do you charge separately from your percentage?" Some lawyers charge for medical records, informed witnesses, or court filing fees; others include these in their percentage. Get this in writing before you hire.
Understanding contingency percentages and costs
A contingency percentage is what the lawyer takes from your settlement or judgment. If you settle for $10,000 and the lawyer's percentage is 33 percent, the lawyer receives $3,300 and you receive $6,700. The percentage is negotiable, especially if your case is straightforward—a lawyer may charge 25 percent for a clear liability case with good medical records but 40 percent for a case where liability is disputed or injuries are hard to prove.
Costs are separate from the percentage. If the lawyer hires a medical informed to testify that your injuries are real, that informed's fee comes out of your settlement too. Some lawyers absorb these costs and deduct them from their percentage; others charge them separately. A lawyer might say "33 percent plus costs" or "33 percent of the net recovery after costs." The second option is better for you because the lawyer's percentage applies to what is left after costs, not before.
Ask whether the lawyer charges a percentage if your insurer denies the claim and you have to file a lawsuit. Some lawyers charge a higher percentage for litigation—sometimes 40 percent instead of 33 percent—because litigation takes more time and risk. Others charge the same percentage regardless. This matters because uninsured motorist claims sometimes do go to court if your insurer and you disagree on the value of your injuries.
Checking a lawyer's background and reputation
Verify the lawyer's license through your state bar association's website. Search by name and confirm they are licensed in your state and that their license is active. The bar website also shows disciplinary history—complaints, suspensions, or disbarred status. A lawyer with no complaints is rare; a lawyer with dozens of complaints or a suspension is a red flag.
Look up the lawyer on Google and Avvo. Read recent reviews, not just the star rating. Pay attention to whether clients mention communication, settlement speed, and whether they felt the lawyer fought for them or pushed them to settle quickly. A review that says "my lawyer never called me back" is a real problem. A review that says "the judge ruled against us" is not the lawyer's fault.
Search the lawyer's name plus "lawsuit" or "malpractice" to see if they have been sued by clients. This is public record. One lawsuit does not mean much; multiple lawsuits suggest a pattern. Also search the lawyer's name plus your state bar to see if they have published articles or been quoted in news stories about uninsured motorist claims—that suggests they are known in the field.
Comparing offers and making your choice
After you call three to five lawyers, compare them on percentage, communication style, experience, and how they answered your questions. The cheapest lawyer is not always the best—a lawyer who charges 25 percent but takes two years to settle may cost you more in stress and delayed money than a lawyer who charges 33 percent and settles in four months. The most expensive lawyer is not always the best either.
Pay attention to how the lawyer made you feel during the call. Did they listen or did they rush you? Did they ask about your injuries and your life, or did they ask only about the accident? Did they explain what they would do, or did they make promises about how much you would receive? A lawyer who says "I think your case is worth $15,000 to $25,000 based on what you've told me" is being honest. A lawyer who says "I can get you $50,000" is either lying or setting you up for disappointment.
Ask for a written fee agreement before you sign anything. The agreement should state the percentage, what costs are included or separate, what happens if the case goes to trial, and what happens if your insurer denies the claim. Read it carefully. If anything is unclear, ask the lawyer to explain it in writing. Do not sign an agreement you do not understand.
What happens after you hire a lawyer
Once you sign a fee agreement, the lawyer will contact your insurance company and notify them that you have representation. The lawyer will request your claim file, which includes the police report, your medical records, and any statements you gave to the insurer. The lawyer will also ask you for documentation—medical bills, proof of lost wages, photos of vehicle damage, and anything else that shows the extent of your damages.
The lawyer will then send a demand letter to your insurer, which is a formal request for payment that includes all evidence of your damages and an explanation of why the insurer should pay. Your insurer will respond with a counteroffer or a denial. If you and the insurer are far apart, the lawyer may file a lawsuit. If you are close, the lawyer will negotiate until you reach a settlement or decide to go to trial.
Throughout this process, the lawyer should keep you informed. You should know when the demand letter is sent, what the insurer's response is, and what the lawyer recommends you do next. If the lawyer goes silent for weeks, that is a sign to follow up or consider switching lawyers.
Frequently Asked Questions
Can I switch lawyers after I hire one?
Yes, but it is complicated. You can fire your lawyer at any time, but the lawyer may have a lien on your settlement for the work they have done. If you switch lawyers, the first lawyer and the second lawyer may both claim a percentage of your recovery. To avoid this, try to resolve any disputes with your first lawyer before hiring a second one, or ask the second lawyer to negotiate with the first lawyer's lien.
What if the lawyer I hire does not communicate with me?
Document every attempt to reach the lawyer—emails, voicemails, dates and times. If the lawyer does not respond within a week, send a written request for an update. If the lawyer still does not respond, you can file a complaint with your state bar association. You can also fire the lawyer and hire another one, though you may have to negotiate the first lawyer's lien.
Do I need a lawyer if my insurer has already offered me a settlement?
Not necessarily, but it is worth having a lawyer review the offer. Many insurers lowball initial offers, and a lawyer can often negotiate a higher settlement than you would receive alone. The lawyer's percentage comes out of the increase, so if the lawyer negotiates an extra $5,000, you may net more money even after paying the lawyer's fee.
What if my uninsured motorist coverage is very low, like $10,000?
Your recovery is capped at your policy limit, so a lawyer cannot get you more than $10,000 no matter how good they are. However, a lawyer can still help by making sure your insurer pays the full $10,000 and does not wrongfully deny the claim. Some lawyers may charge a lower percentage for low-limit cases because the total recovery is small.
Can a lawyer sue the uninsured driver directly?
Yes, but only if the driver has assets worth pursuing. Most uninsured drivers have no savings, no house, and no income that can be garnished, so a judgment against them is worthless. A lawyer will tell you upfront whether suing the driver makes sense in your case. If it does not, the lawyer will focus on your uninsured motorist claim against your own insurer.