Car Accident — No Win No Fee
Car accident claims are the single most common type of contingency fee case in the United States. If you have been injured in a motor vehicle collision caused by another driver's negligence, you can typically retain an attorney with no upfront cost.
What Is the Difference Between At-Fault and No-Fault States?
Direct Answer: In at-fault states, the driver who caused the accident pays for damages through their liability insurance. In no-fault states, each driver's own PIP insurance covers medical bills regardless of fault. Car accident lawyers typically work on contingency fees of 33⅓%–40%.
The United States is divided between at-fault (tort) states and no-fault states. In at-fault states, the driver who caused the accident is financially responsible for the other party's injuries and damages. The injured party can file a claim against the at-fault driver's liability insurance or file a lawsuit.
In no-fault states, each driver's own personal injury protection (PIP) insurance covers their medical expenses and lost wages, regardless of who caused the accident. Lawsuits against the at-fault driver are only permitted when injuries exceed a certain threshold — either a verbal threshold (specific injury types) or a monetary threshold (medical expenses exceed a dollar amount).
Common Causes of Car Accidents
- Distracted driving — texting, phone use, eating
- Speeding — exceeding posted limits or driving too fast for conditions
- Drunk or drugged driving — DUI/DWI-related collisions
- Failure to yield — intersection and right-of-way violations
- Rear-end collisions — following too closely
- Weather-related accidents — rain, ice, fog, reduced visibility
Comparative and Contributory Negligence
Most states follow a comparative negligence system, where your damages are reduced by your percentage of fault. Some states use "modified" comparative negligence, barring recovery if you are 50% or 51% or more at fault. A small number of states (Alabama, Maryland, North Carolina, Virginia, and D.C.) follow the harsher contributory negligence rule, which bars recovery entirely if you are even 1% at fault.
Uninsured and Underinsured Motorists
If the at-fault driver has no insurance or insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) coverage can provide compensation. UM/UIM coverage is mandatory in some states and optional in others. Your contingency fee attorney can help you navigate claims under your own policy.
Frequently Asked Questions
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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.