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You are here: Home / Blog / Do I Need An Attorney To Get A Car Accident Settlement?
photo of a car accident with a vehicle being hit from behind

Do I Need An Attorney To Get A Car Accident Settlement?

February 20, 2023 //  by Dawn Hassell, Esq.

Updated: October 27, 2025

If You’re Wondering Whether to Hire a Lawyer After a Car Accident in California, You’re Not Alone

After a car accident in the San Francisco Bay Area, it’s common to ask:

“Do I really need a lawyer to get a settlement, or can I handle it myself?”

The truth is you can settle a car accident claim without an attorney. Especially when the only damage is to a vehicle. However, if you’re injured that path comes with substantial risks. Those risks include trying to handle the claims process without expert knowledge of it and of your rights and full options, failing to include and claim all legally recoverable damages, and settling for far less than your claim is worth and leaving a lot of money on the table.

Let’s break it down so you can make the right choice for your situation.

Can You Legally Handle a Car Accident Claim Without an Attorney?

Yes. In California, there is no legal requirement to hire a lawyer after a car crash. You can:

  • File an insurance claim yourself
  • Negotiate directly with insurance adjusters
  • Accept a settlement offer
  • Even file a lawsuit in small claims court (if damages are under $12,500)

But here’s the catch: insurance companies will know you’re unrepresented, and they act accordingly. We often receive calls from individuals who initially thought they could handle their own car accident settlement, only to later in the claims process find they were in over their head and could not.

What Insurance Companies Don’t Want You to Know

If you go it alone, expect:

  • Lowball settlement offers
  • Denial of or delays on your claim
  • Tactics designed to minimize or disprove your injuries
  • Requests for recorded statements that can be used against you
  • Requests that you to sign paperwork you are not legally required to sign
  • Pressure to settle your case before you understand the full extent of your injuries

Insurance companies have teams of professionals protecting their bottom line. Who’s protecting yours?

When You Definitely Need an Attorney For Your Claim

Hiring a car accident attorney is recommended if:

  • You suffered any physical injury (even soft tissue injuries)
  • Your medical bills or lost income are substantial
  • The insurance company denies or delays your claim
  • The other driver is uninsured or underinsured
  • There’s a dispute over fault
  • You were hit by a rideshare (Uber/Lyft), commercial, or government vehicle
  • You’re overwhelmed or unsure how to handle it

What a Car Accident Lawyer Actually Does for You

An experienced California personal injury attorney will:

  • Know all of your rights and options
  • Know how to expertly navigate the claims process
  • Investigate the accident and gather key evidence
  • Determine liability and protect you from blame-shifting
  • Handle all communication with insurance companies
  • Know and claim the true value of your case (including future costs, pain & suffering, lost wages and reduced earning capacity)
  • Negotiate aggressively to maximize your compensation
  • File a lawsuit if needed and take the case to trial when necessary

In short, a lawyer helps level the playing field, especially when you’re facing large insurers with deep pockets and vast legal departments.

What’s the Cost of Hiring a Lawyer?

Most personal injury lawyers in California (including The Hassell Law Group) work on a contingency fee basis.

That means:

  • No upfront cost
  • No hourly billing
  • You only pay if your attorney wins a settlement or verdict for you
  • Fees are usually a percentage of the total recovery (commonly 33%–40%)

Translation: You can afford to hire a lawyer—because you won’t pay unless they win.

Does Having a Lawyer Increase Your Settlement?

Yes, substantially.

According to studies by the Insurance Research Council:

Injured people who hire attorneys receive 3.5 times more compensation on average than those who settle on their own. And this is just on average. There are plenty of instances in our practice where we have obtained 10 times to 100 times more than what the injured person was offered by the insurer before hiring us.

This holds true even after legal fees are deducted. Given this, why would you choose to represent yourself?  It pays to have a good lawyer on your side.

How Long Do You Have to Decide?

California has a 2-year statute of limitations for most personal injury claims (from the date of the crash). If your claim involves a government entity, that window may shrink to 6 months.

But don’t wait that long.

The sooner you hire a lawyer, the stronger your case. Evidence fades or can disappear. Witnesses forget. Insurance companies move fast to reduce your claim.

The Bottom Line: Should You Get a Lawyer?

Here’s a quick decision tree:

  • Minor accident, no injuries, clear fault, low damage? You might be fine without an attorney.
  • Any injury, dispute over who was at fault, hit and run driver, driver was drunk, driver has no insurance, or insurer playing games? Don’t risk it. Contact a skilled personal injury lawyer.

Your case might be worth far more than you’re being offered, and once you settle, there’s no going back for more.

Local Experience Matters in the Bay Area

At The Hassell Law Group, we’ve been in business over 25 years and have recovered over $100 million for injured clients throughout:

  • San Francisco
  • Oakland
  • San Jose
  • Daly City
  • Walnut Creek
  • And across the entire Bay Area

We know the roads, the court systems, and the insurance companies you’re dealing with.

Ready to Talk to a Lawyer?

You don’t have to make this decision alone.

Call The Hassell Law Group for a free consultation.

We’ll review your case, answer your questions, and explain your options with no pressure, and no obligation. If we don’t win, you don’t pay.

FAQs: Do I Need a Lawyer to Get a Car Accident Settlement?

Can I handle a California car accident claim without a lawyer?

Yes, but it’s risky, especially if you’re injured. Insurance companies may offer much less than your case is worth.

What if the accident was clearly the other driver’s fault?

Even if fault is clear, the insurer can and may still dispute the severity of your injuries and is likely to deny fair and full compensation. A skilled lawyer can overcome these tactics.

Will a lawyer really increase my settlement?

Yes. Studies show that people who hire lawyers get significantly higher settlements, even after fees.

How much does it cost to hire a personal injury attorney in California?

Most work on a contingency fee, so you pay nothing upfront and only if they win your case.

Is it too late to hire a lawyer if I already started my claim?

Not at all. An attorney can still step in, strengthen your case, and take over negotiations-even if the claim is already in progress.

The general information provided on this website should not be considered legal advice, and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.

Category: Blog, Car AccidentTag: #car accident settlement, car accident attorney, insurance claim

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About Dawn Hassell, Esq.

Dawn Hassell is a highly skilled litigator, negotiator, and top San Francisco personal injury attorney. She has an undefeated record in trial and arbitration for her clients. Dawn received her J.D. from the University of California, Hastings College of Law, and her undergraduate degree from Binghamton University where she graduated Summa Cum Laude, Phi Beta Kappa, and in the top 1% of her class. Connect with Dawn on LinkedIn.

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