Expert Advice When You Need It Most

You May Not Need an Attorney

Written by: Jon Ethan Lewis

Reputation Level 14

Posted over 2 years ago. Applies to Alabama, 1 helpful vote, 0 comments

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You only have Damage to your Car, and you were not injured

Regardless of whether the car is totaled or repaired, the attorney is going to take a fee from the total amount, and you will not be able to replace or repair your car with the remaining amount.

Subrogation or Hospital Lien Too High

If there is not enough auto coverage, and the health insurance company's subrogation claim or the hospital lien is too high, you will end up with nothing for your injury, and the attorney will end up with a fee. Probably not what you are looking for.

Fees will eat up the value of the case

If there is only a minimum policy available from the at fault driver and your injuries are significant, you would be entitled to the whole policy. If you can get the insurance company to pay it, you wouldn't want an attorney because you would only receive 2/3 of the policy, not 100%. Why? The attorney fee will take away a portion of your recovery. Again, probably not what you want.

Not enough insurance coverage or no coverage - single car collision and UM - deer or animal

Sometimes there is just no avenue for recovery. If there is no insurance available, i.e.: an uninsured driver and you rejected uninsured motorist coverage (which you should NEVER do), there is nothing an attorney can do. Similarly, if you hit an animal (in most situations), there is no insurance or funds to recover.

Contributory negligence - not clear liability

In Alabama, if you were partially at fault, you cannot recover. You don't need an attorney if you can't recover anyway. No need to waste your time or the attorney's.

Jury verdicts low, or defense verdicts, on low impact and little damage to car

Juries are not rendering large verdicts. If the insurance carrier offers you $4,000, and the attorney thinks you may could get $5,000 through court, you don't need the attorney. Let's say you do get $5,000 at court. You would be better off with the $4,000. Why? The attorney will take at least 1/3 of the $5,000, or $1,666.67, and you will receive $3,333.33. Which is higher? $4,000 or $3,333.33?

Guest Passenger

If you are a guest passenger in a car, you cannot sue the driver for negligence, and there is nothing an attorney can do for you unless you paid the driver or gave the driver something of value or if the driver was wanton (drinking alcohol, texting, etc.).