When in an accident, i contacted my insurance company to start a claim. My general understanding that if I'll take lawyer to pursue the other insurance company, any settlement would be split between the customer, the lawyer, and the medical care provider.

This one specific lawyer only files the claims, but does not do any litigations if the insurance company pushes back. What does this lawyer actually do? Can i do it myself?


2 Answers 2


Most car insurance claims never go to litigation. You file a claim, tell the insurance company what your damages were, and they pay. That's what will happen if the amount you claim is low, because fighting a claim costs the insurance money.

You don't need a lawyer to file the claim. All you have to do is write down the claims. If you hire a lawyer to do this for you, the insurance company will not pay for the unnecessary expense of hiring a lawyer, that money comes out of your pocket.

If the insurance company decides to reject your claim or part of the claim (after all possible misunderstandings have been resolved), that may be the time to hire a lawyer.


What does this lawyer actually do?

Take your money in exchange for a very incomplete representation of your right(s).

Indeed, drafting and filing a claim is only one preliminary stage of litigation, and such claim might not even be in its definite form. Oftentimes a plaintiff amends (whether once or more) the pleadings. This does not have much to do with being pro se litigant instead of represented by counsel, but depends on the course of litigation, discovery, and partial settlements & dismissals.

Can i do it myself?

Yes. Litigation in pro per is permitted in US courts and I typically encourage it, I myself having been a pro se litigant.

However, the pro se litigant needs to undergo a steep learning curve on statutory law, procedural law (aka rules of civil procedure), be able to do legal research, draft & file your pleadings/motions/briefs/etc., take (and/or testify at) depositions, and present your arguments in court hearings.

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