Will the Other Driver's Insurance Pay for My Lawyer After a Car Wreck?

 Posted on February 19, 2026 in Car Accident

After a car accident that you had no responsibility for, you may wonder if the person at fault will pay your legal fees if you decide to hire a lawyer. This is one of the most common questions people ask when they are hurt in a crash that was not their fault. 

If you’re in need of legal guidance after a car wreck in 2026, a Temecula car accident attorney can help you know what you can be compensated for.

Is My Attorney Fee Considered Part of My Damages from the Car Wreck?

"Damages" refers to the money you can get to compensate you for damage to property, damage to yourself, and other money you may lose because of the accident, like missed wages at work. In most car accident cases, the other person's insurance company will not directly pay your attorney fees as part of your settlement. California follows what is called the "American Rule" for attorney fees: each party in a lawsuit pays their own lawyer. This is in contrast to the "English Rule," where the losing side pays for both lawyers.

There are some very rare exceptions. These are uncommon in typical car accident suits, though, and you shouldn’t count on them applying to your case.

How Do Most Car Accident Lawyers Get Paid in California?

Many personal injury lawyers in California work on what is called a "contingency fee" basis. You do not pay anything upfront, and your lawyer only gets paid if you win your case. The lawyer's fee comes out of the money you recover.

In this sense, they do get paid by the other driver’s insurance, but it’s not a specific amount designated by the insurance plan for legal fees. It comes out of the lump sum of your settlement. California Code of Civil Procedure Section 1021 states that attorney fees are decided by you and your lawyer unless a specific law says otherwise.

Under California Business and Professions Code Section 6147, contingency fee agreements must be in writing.

Will It Cost Me More to Hire a Lawyer Than to Handle My Claim Alone?

Many people worry that hiring a lawyer will cut down on the money they receive. However, studies show that people who hire lawyers usually recover more than those who handle claims alone, even after paying attorney fees. Represented clients secure average settlements more than three times higher than those of unrepresented individuals.

Insurance companies may offer low settlements when someone does not have a lawyer. When you have an experienced attorney, the insurance company knows they will have to negotiate fairly or risk going to court.

Why Will Insurance Companies Try to Discourage Me From Hiring a Lawyer?

Sometimes insurance adjusters will tell accident victims that hiring a lawyer is unnecessary or that it will reduce their settlement. This is often a tactic to get you to accept a low offer quickly.

You have the right to hire a lawyer at any point during your claim. If an insurance adjuster pressures you to settle quickly or tells you not to hire a lawyer, that is usually a sign that you should speak with an attorney right away.

What Should I Keep in Mind When Finding a Lawyer for My Car Accident?

Before you hire a car accident lawyer, ask about how they charge for their services. Important questions include:

• Do you work on a contingency basis?
• What percentage of my recovery will you take as your fee?
• Will I have to pay any costs or expenses if I lose my case?
• Is the fee calculated from the gross settlement or after costs are deducted?

Call a Riverside County, CA Car Accident Lawyer Today

If you have been injured in a California car accident, call a Temecula car accident attorney for help. At Maineri Law Firm, we’ve been serving clients who have personal injury cases since 1998.

We handle each of our cases on a contingency basis. We also offer free consultations to discuss your case and explain your options. Contact Maineri Law Firm at 951-698-4200 today.