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Old 06-18-2013, 08:53 AM
 
4 posts, read 4,905 times
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My car is hit by another car with moderate damage, but the Attorney who wants to handle my case wants to claim 33% of the claim. Is it advisable in Houston. please advise. Thanks for any input
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Old 06-18-2013, 08:59 AM
 
126 posts, read 233,256 times
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Why are you working with an attorney? Does the other driver have liability insurance?
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Old 06-18-2013, 11:41 AM
 
Location: Woodfield
2,086 posts, read 4,134,518 times
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Yes, why are you suing the other driver?
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Old 06-18-2013, 02:09 PM
 
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Most plaintiff's attorneys charge a contingency fee of one third to forty percent off the top of any recovery. They also usually require the client to pay the costs for court filing fees, service of process, depositions, expert witnesses, etc. before the client recovers any money. If they are not working on a contingency basis, the attorneys charge by the hour, and their hourly rates can be very expensive.

You can negotiate with the other driver and/or his insurance company yourself or hire an attorney to represent you. Whether you choose to hire an attorney may depend on the severity of the damage to your car, whether you were injured, etc. etc.
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Old 06-18-2013, 02:12 PM
 
Location: Houston, TX
2,052 posts, read 5,875,890 times
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Unless you have some serious injury, or the other person does not have insurance and neither do you, why sue? Sounds like the attorney just wants a piece of the pie, unless you went to them looking for a larger settlement. If the other party doesn't have insurance, then you have YOUR insurance cover the claim if you have uninsured motorist, (which I would NEVER drive without in Houston or anyplace) and they will sue to collect from the other driver. That is how it works. No real need to sue yourself unless there is no insurance involved. Now if you only carried liability insurance or none at all, then you could sue to at least maybe, possibly, on a slim chance, get something to help compensate you for your loss.
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Old 06-18-2013, 02:40 PM
 
119 posts, read 249,362 times
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If you have a moderate accident, assuming it's not your fault and there were no major personal injuries exceeding policy coverage, the other driver's insurance should cover it. It is important that the police report state that you were not at fault. Now, if the other driver did not have insurance then it doesn't really matter - you'll need to file a claim with your insurer. There's no need for an attorney for either case.
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