insurance lawyer motor-vehicle claims accident
What is the difference between thinking auto insurance claim with or without a lawyer?
<p>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. </p>

<p>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?</p>

<p>USA, MA.</p>

<p>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. </p>

<p>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 <em>not</em> pay for the unnecessary expense of hiring a lawyer, that money comes out of your pocket. </p>

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

<blockquote>
  <p>What does this lawyer actually do? </p>
</blockquote>

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

<p>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 <em>pro se</em> litigant instead of represented by counsel, but depends on the course of litigation, discovery, and partial settlements &amp; dismissals.</p>

<blockquote>
  <p>Can i do it myself?</p>
</blockquote>

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

<p>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 &amp; file your pleadings/motions/briefs/etc., take (and/or testify at) depositions, and present your arguments in court hearings.</p>
