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I disagree with the insurance company’s decision on fault for the accident: Should I hire a lawyer to fight it?

So, you afflict your insurance company’s assessment of the fault for your accident.

Does it make sense to hire a lawyer?

In this situation, if the insurance company refuses to pay more than 50%, then you have a legal right to file a lawsuit. A judge or adjudicator will have the ultimate say on what proportion compensation you’re entitled to by law.

The most common court to handle such lawsuits is the Small Claims Court. It has jurisdiction for cases where the amount claimed is or less. The Small Claims Court is designed for people who may have no legal training. If you visit the Small Claims Court website you will find instructions on how to file your claim.

What if you are like the person who emailed me, and are interested in getting a lawyer to handle this for you. You would be able to do that, but it is usually impractical for most people to hire a lawyer for this type of case. This is because the value of the legal fees may equal (or even exceed) the compensation you think you’re owed.

Most lawyers would not do a vehicle damage lawsuit on a “no win, no fee” basis, so you would have to pay upfront. It could cost a few thousand dollars. You would got to call around to seek out a lawyer to try to to this sort of case for you. I don’t do vehicle damage-only cases, but there are lawyers out there who will.

Finally, I have to stress that you should not do a small claims court lawsuit if there is any chance that you may also have a claim for injuries from the accident. The Small Claims Court has very limited jurisdiction and many of the usual areas of injury compensation can’t be claimed at the Small Claims Court.

Also, you’re only allowed to try to to one lawsuit for damages from your vehicle accident, so if you select to try to to alittle Claims Court Lawsuit, you’ll not later be able to bring a lawsuit in the court that handle’s injury claim compensation