What an uninsured motorist attorney actually does for your claim
An uninsured motorist attorney handles the part of your claim that goes against your own insurance company, not the other driver. When someone without insurance hits you, your uninsured motorist coverage pays for your injuries and vehicle damage — but your insurer will fight to pay as little as possible, just as they would in any claim. An attorney's job is to push back on that fight: gathering medical records, calculating what your injuries are actually worth, and negotiating or taking your case to court if the insurer's offer is too low.
This is different from suing the uninsured driver themselves. That driver likely has no money or assets to recover, which is why you have uninsured motorist coverage in the first place. Your attorney works within your own policy to get you the maximum payout your coverage allows.
Key Takeaways
- An uninsured motorist attorney negotiates with your own insurance company, not the at-fault driver, because that driver typically has no money to recover.
- You should contact an attorney before accepting any settlement offer from your insurer, because once you sign, you cannot reopen the claim.
- Most car accident attorneys work on contingency, meaning they take a percentage of what you recover and you pay nothing upfront.
- The attorney's fee is usually 25 to 40 percent of the settlement, depending on whether the case settles or goes to trial.
- Your uninsured motorist coverage limit is the ceiling — an attorney cannot recover more than your policy allows, but they can often recover closer to that limit than you would alone.
When to hire an attorney for an uninsured motorist claim
You should contact an attorney as soon as you have medical documentation of your injuries. Do not wait until your insurer makes an offer. Many people think they can handle the claim alone and then call a lawyer when the insurer's number is too low — but by then you may have already said things in writing or on recorded calls that weaken your position. An attorney from the start protects you from making those mistakes.
You need an attorney especially if your injuries required emergency care, ongoing treatment, or time away from work. These claims are worth more, and insurers know it — they will lowball you harder. If you have medical bills over $5,000, or if you missed more than a few weeks of work, an attorney almost always recovers more than their fee costs you.
If your injuries are minor — a few hundred dollars in medical bills, no lost wages — you may recover more by settling directly with your insurer than you would after paying an attorney's fee. But even then, an attorney can review any offer before you accept it, and many will do a brief consultation for free.
How to find an attorney who handles uninsured motorist claims
Start by searching for "car accident attorney" or "personal injury attorney" in your state, not "uninsured motorist attorney" specifically. Most personal injury firms handle these claims routinely. Look for attorneys licensed in your state — you can verify this through your state bar association's website, which usually has a searchable directory.
Ask specifically whether they handle uninsured motorist claims and how many they have handled. Some attorneys focus only on cases where they can sue the at-fault driver directly; those are not the right fit for you. You want someone who regularly negotiates with insurers on their own customers' claims.
Call three to five firms and ask for a free initial consultation. During that call, describe your accident and injuries briefly, and listen to what the attorney asks. A good attorney will ask about your medical treatment, your lost wages, whether you have other insurance that might cover you, and what your uninsured motorist limit is. They should explain how contingency fees work and what percentage they charge. If an attorney seems uninterested in the details or pushes you to sign something when ready, keep looking.
Understanding contingency fees and what you actually pay
A contingency fee means the attorney takes a percentage of what you recover — usually 25 to 40 percent — and you pay nothing out of pocket. If you recover nothing, the attorney gets nothing. This is standard in car accident claims and means you should never pay an upfront fee to a personal injury attorney.
The percentage varies. Many attorneys charge 33 percent (one-third) if the case settles before trial, and 40 percent if it goes to trial, because trial takes more time and risk. Some charge a flat 25 or 30 percent regardless. Ask what the firm's standard is and whether it changes if the case goes to court.
The fee comes out of your settlement or judgment, not from your own pocket. If you settle for $10,000 and the attorney's fee is 33 percent, you receive $6,700 and the attorney receives $3,300. The insurer pays the full $10,000; the split happens after. Some firms also deduct costs — filing fees, medical record requests, informed witness fees — from your recovery before calculating the percentage. Ask whether costs are deducted before or after the fee is calculated, because that changes what you take home.
What happens when you hire an attorney
Once you sign a representation agreement, the attorney notifies your insurance company in writing that they now represent you. From that point on, your insurer should direct all communication to the attorney, not to you. This stops the insurer from trying to settle with you directly or asking you questions designed to lower your claim's value.
Your attorney will request your medical records, bills, and proof of lost wages. They will also ask you detailed questions about the accident and your injuries. Be honest and complete in your answers — your attorney needs the full picture to value your claim accurately. Do not exaggerate or leave things out; insurers investigate thoroughly, and anything that does not match your medical records will be used against you.
The attorney will send a demand letter to your insurer that includes your medical records, bills, lost wage documentation, and a written explanation of why your claim is worth a specific amount. The insurer will respond with a counteroffer. Negotiation usually takes weeks to months. If the insurer's final offer is close to what your attorney thinks the claim is worth, they will recommend settling. If the gap is large, they may recommend filing a lawsuit, which means going to court — but most cases settle before trial.
What limits your recovery in an uninsured motorist claim
Your uninsured motorist coverage limit is the absolute maximum you can recover, no matter what your injuries are worth. If your policy has a $50,000 uninsured motorist limit and your injuries are worth $100,000, you can only recover $50,000. An attorney cannot change this — it is written into your policy.
Some policies also have a deductible for uninsured motorist claims, usually $250 to $1,000. This amount comes out of your recovery before you and your attorney split the settlement. Check your policy documents to see what your limit and deductible are.
If you have other insurance — health insurance, auto insurance from a household member, or a homeowner's policy — those may also cover some of your medical bills. Your attorney will coordinate with those insurers to make sure you are not paying twice for the same treatment. This is called subrogation, and it is a normal part of the process.
Questions to ask before you hire
Ask the attorney how many uninsured motorist cases they have handled and what the average settlement was. Ask whether they have tried cases in your county's court, because an attorney who regularly goes to trial in your area has more leverage in settlement negotiations. Ask what their timeline is — how long they expect the process to take from start to finish.
Ask whether they will handle your case personally or assign it to a junior attorney or paralegal. Ask what happens if you disagree with a settlement recommendation — can you refuse and go to trial instead, or does the attorney have the final say. Ask how often they will update you and whether you can call with questions.
Ask whether they charge for costs like medical record requests and filing fees, and whether those costs come out before or after they calculate their percentage. Ask what happens if you die or become unable to continue the case — can your family or estate continue, or does the claim end.
Frequently Asked Questions
Can I switch attorneys if I am unhappy with the one I hired?
Yes, but it is complicated. You can fire your attorney at any time, but they may have a lien on your case for the work they have done. The new attorney will have to negotiate with the first attorney about how much of the fee they are owed. It is better to choose carefully the first time, but if your attorney is not communicating or seems to be pushing you toward a settlement you do not want, switching is possible.
What if the insurer denies my uninsured motorist claim entirely?
Your attorney can file a lawsuit against your own insurance company. This is called a bad faith claim if the insurer denied coverage without a valid reason. These cases are harder to win than standard settlement negotiations, but an attorney can pursue them. The insurer must have a legitimate reason to deny coverage — for example, you did not report the accident within the time your policy requires, or the other driver was actually insured and you did not know it.
Do I have to go to court, or will my case settle?
Most uninsured motorist claims settle before trial — roughly 90 percent. Your attorney will recommend settlement if the insurer's offer is reasonable. You have the final say on whether to accept or reject an offer. If you reject it and your attorney believes trial is unlikely to get you more money, they may decline to continue. Read your representation agreement to understand your rights if you disagree with a settlement recommendation.
Can I hire an attorney if I was partially at fault for the accident?
Yes. Your uninsured motorist coverage pays based on the other driver's negligence, not yours. If you were 30 percent at fault and the other driver was 70 percent at fault, your claim is still valid. Some states reduce your recovery by your percentage of fault, so a $10,000 claim becomes $7,000 if you were 30 percent at fault. Your attorney will explain how your state's rules explore to your situation.
What if I do not have uninsured motorist coverage?
You cannot file an uninsured motorist claim. You would have to sue the at-fault driver directly, which is usually not worth pursuing because they have no insurance and likely no money. Some states require uninsured motorist coverage; others make it optional. Check your policy to see whether you have it. If you do not and you are hit by an uninsured driver, you may be able to file a claim under your health insurance or your own auto liability coverage, depending on your policies.