Car Accident — No Win No Fee
Car accident claims are the single most common type of contingency fee case in the United States. If you have been injured in a motor vehicle collision caused by another driver's negligence, you can typically retain an attorney with no upfront cost.
What Is the Difference Between At-Fault and No-Fault States?
Direct Answer: In at-fault states, the driver who caused the accident pays for damages through their liability insurance. In no-fault states, each driver's own PIP insurance covers medical bills regardless of fault. Car accident lawyers typically work on contingency fees of 33⅓%–40%.
The United States is divided between at-fault (tort) states and no-fault states. In at-fault states, the driver who caused the accident is financially responsible for the other party's injuries and damages. The injured party can file a claim against the at-fault driver's liability insurance or file a lawsuit.
In no-fault states, each driver's own personal injury protection (PIP) insurance covers their medical expenses and lost wages, regardless of who caused the accident. Lawsuits against the at-fault driver are only permitted when injuries exceed a certain threshold — either a verbal threshold (specific injury types) or a monetary threshold (medical expenses exceed a dollar amount).
Common Causes of Car Accidents
- Distracted driving — texting, phone use, eating
- Speeding — exceeding posted limits or driving too fast for conditions
- Drunk or drugged driving — DUI/DWI-related collisions
- Failure to yield — intersection and right-of-way violations
- Rear-end collisions — following too closely
- Weather-related accidents — rain, ice, fog, reduced visibility
Comparative and Contributory Negligence
Most states follow a comparative negligence system, where your damages are reduced by your percentage of fault. Some states use "modified" comparative negligence, barring recovery if you are 50% or 51% or more at fault. A small number of states (Alabama, Maryland, North Carolina, Virginia, and D.C.) follow the harsher contributory negligence rule, which bars recovery entirely if you are even 1% at fault.
Uninsured and Underinsured Motorists
If the at-fault driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) coverage can provide compensation. UM/UIM coverage is mandatory in some states and optional in others. Your contingency fee attorney can help you navigate claims under your own policy.