Accident Claim / Compensation FAQs Page 2

Q: What can I do If the other driver wasn't carrying an insurance policy?

A: If the other driver was not insured and is found to be responsible for the the accident, your insurance policy will cover your personal injuries provided you carry an uninsured motorist policy. If you do not carry an insurance policy for uninsured motorist, or if the damages exceed the limit of your own policy, then you may be able to file suit against the other driver. The bad news is that even if you do take the other driver to court, win your case, and are awarded an amount, you may not receive any money if the driver does not have any money and be able to pay you. If you carry comprehensive collision, it will cover the damages to your car regardless who is at fault.

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Q: How does an accident attorneys' fee structure work?

A: Typically an accident attorney structures their fee on an contingency basis. An alternative fee structure may be a flat fee, an hourly rate or by retainer.

Below is an example of the basic fee structure model:

Hourly Rate - The rates an attorney charges on an hourly basis depend largely on the experience that the attorney has. Many other factors may be involved such as travel and expenses that are related to the case. An experienced attorney will be able to predetermine a ball park estimate of the fees that will be assessed for your claim prior to taking the case.

Flat Fee - A flat fee is charged when the case is either a routine or common matter.

Retainer - A very common fee structure is a retainer. A retainer is an advance payment for services. In may cases, there is an escrow account created in which payments are deducted from based on the agreed upon hourly rate. Payments are deducted from the account for the services in lieu of billing.

Contingency - In many cases an accident attorney will use the contingent structure. In this structure, the accident attorney does not bill for fees up front. Instead the attorney takes a portion of the settlement amount (usually 33%) after the case is settled. The contingent fee structure is most often used in personal injury and debt collection cases.

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Q: What is the "attorney-client privilege"?

A: The Attorney-client privilege is described as any type of legal issue or matter which you have choosen to share with your counsel can not be discussed with anyone else. Other than a select a few exceptions, and with your written consent, the attorney must by law, hold all of your legal information absolutely confidential.

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If you have more question regarding your accident compensation claim contact an accident attorney near you.