7 questions to ask a car accident lawyer before you hire

The best questions to ask a car accident lawyer cover five things: who will handle your case, which insurance policies apply, how your medical bills get paid in the meantime, how fault and deadlines affect your claim, and exactly how the fee works. Clear, specific answers to those questions tell you more than any billboard.

Our post on 10 questions to ask when hiring a personal injury lawyer covers the general ground. This one is specific to car crashes, where Florida's no-fault rules, PIP deadlines and gaps in insurance coverage shape almost every case.

1. How much of your work is car accident cases, and who will handle mine?

Car crash claims have their own rhythm: PIP claims with your own insurer, a separate injury claim against the other driver, sometimes a third claim under your own uninsured motorist coverage. You want a lawyer who handles that routinely.

Just as important is who you'll actually work with. Ask who your day-to-day contact will be, whether an attorney will review your case regularly, and who will negotiate with the insurer. At our firm, you'll know your attorney and your case manager by name from the first week.

A good answer names the people on your case and explains what each one does.

2. Which insurance policies apply to my crash?

In Florida, a single crash can involve several policies, and many people only know about one. A good lawyer will ask to see your declarations page and walk through:

• Your PIP, which pays first for your own medical bills, no matter who was at fault.
• The at-fault driver's bodily injury coverage, if they have any. Florida doesn't require most drivers to carry it.
• Your uninsured/underinsured motorist (UM) coverage, which can pay when the other driver has little or none.
• MedPay, optional coverage that can pick up what PIP leaves behind.
• Other policies, such as an employer's commercial policy or a rideshare company's coverage if an Uber or Lyft driver was on a trip.

A good answer is specific to your facts, not a general speech about insurance.

3. How do I get my medical bills paid while the case is open?

This is often the most urgent question. The other driver's insurer usually doesn't pay as you go, so bills arrive long before any settlement.

Ask the lawyer to explain:

• The 14-day rule: you must get initial care within 14 days of the crash for PIP to pay.
• The $2,500 cap: PIP medical benefits are limited to $2,500 unless a qualified provider finds an emergency medical condition. With that finding, up to $10,000 is available.
• When your health insurance or MedPay picks up after PIP.
• Whether a letter of protection makes sense for you. Since 2023, Florida law (§768.0427) requires those arrangements to be disclosed in a lawsuit, and they can affect how your medical damages are proven.

We break down the full order of payment in how medical bills are paid after a car accident.

A good answer gives you a practical plan for the next few weeks, not just "we'll handle it."

4. How does fault affect my claim?

Fault drives almost every car accident case. Since March 2023, Florida has used a modified comparative negligence rule (§768.81). Your recovery is reduced by your percentage of fault, and if you're found more than 50% at fault, you can't recover from the other driver at all. PIP still pays regardless of fault.

Ask what evidence the lawyer will gather to prove what happened: the crash report, photos, witness statements, traffic or business camera footage and vehicle data. Ask how quickly they'll send preservation letters, because video is often recorded over within days or weeks.

A good answer tells you honestly where the fault arguments are and how the lawyer plans to address them.

5. What deadlines apply to my case?

For most car accident claims arising since March 24, 2023, you generally have two years from the crash to file a lawsuit (§95.11). It used to be four. Some claims have different or shorter timelines, including claims against a city, county or state agency, which carry their own pre-suit notice requirements, and wrongful death claims.

There are practical deadlines too: the 14-day PIP window, notice requirements in your own insurance policy, and the short life of surveillance video.

A good answer gives you the specific dates that apply to you.

6. How will we communicate, and how often?

Ask how you'll get updates, how quickly calls and messages are returned, and whether you can reach your team by text. If Spanish is your first language, ask whether you can work with your team in Spanish from start to finish. At Sunshine State Law Firm, you can. Gabriela on our team regularly walks families through their cases in Spanish.

A good answer sets a clear expectation, like a regular check-in schedule and a named person to contact.

7. How does the fee work, and what comes out of my settlement?

Most Florida car accident lawyers work on a contingency fee: no fee up front and no fee unless they recover for you. But the details matter, so ask:

• What percentage is the fee, and does it change if a lawsuit is filed or the case goes to trial?
• Who pays case costs, like records, filing fees and experts, and when?
• How will medical liens and health insurance reimbursement claims be handled?
• Will I get a written breakdown before I agree to any settlement?

Florida Bar rules require contingency fee agreements to be in writing and come with a statement of client rights, including the right to cancel within three business days of signing.

A good answer walks you through the agreement line by line before you sign.

Quick reference: what to listen for

What to bring to the consultation

Bring what you have, and don't worry if it's incomplete: the crash report or report number, photos, your insurance card and declarations page, the other driver's information, medical records or bills, and any letters or settlement offers from an insurer. Write your questions down beforehand, and jot the answers next to them so you can compare firms afterward.

Frequently asked questions

Is the first consultation free?

At most Florida car accident firms, including ours, yes. A free case review lets you ask these questions, hear an honest assessment and decide whether to hire anyone, with no obligation. If a lawyer tells you that you don't need representation, that's a sign they're being straight with you.

Can I change car accident lawyers if I'm unhappy?

Generally, yes. You can change lawyers during a case. Your first lawyer may be entitled to part of the eventual fee for work already done, which is usually resolved between the lawyers out of the recovery. Read your fee agreement and ask the new lawyer to explain how it would work.

Should I talk to the insurance company before I hire a lawyer?

Report the crash to your own insurer and open your PIP claim. Be careful with the other driver's insurer. You don't have to give them a recorded statement, and anything you say can be used to reduce your claim. It's wise to speak with a lawyer first.

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A good car accident lawyer should make things clearer from the first conversation. Bring these questions to your free case review with our car accident team, or read more about attorney Darius Biddings. There's no fee unless we recover for you.