is a second lawyer necessary to represent us

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

is a second lawyer necessary to represent us

I have a question about an accident that my wife had. She rear-ended a truck and there was no visible damage to it. The police report was rated the incident at 0-1 on a scale of 0-5, air bags did not deploy on either vehicle and both drivers drove away in their own cars. Now the other driver is suing us for $100,000 and no more than $200,000 because she couldn’t settle with the insurance company. She claims that she had a personal injury from the accident but I honestly think that she is just trying to make money out of it. We faxed all the lawsuit papers to the insurer as told and now they hired a lawyer to represent us. They say that if we want to hire our own lawyer to work along their lawyer we can do so because the lawsuit exceeds the policy liability limit as I only have the minimum required by state law. Do you think that it would be beneficial for us to hire another lawyer to work along with the insurance provided lawyer to represent us because of the liability amount? If the answer is yes, how much do you charge or is this a per hour basis and is there a price cap and do you have any idea on how much this would cost us? I really don’t want to make the extra expense if you don’t think it is necessary.

Asked on July 18, 2019 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it would  be beneficial to hire your own attorney: the insurer is only obligated to defend or settle the case up to your policy limits, and if you have only the TX minimum, which I believe is around $30k but the suit is for $100k+, they could decide to, instead of spending money defending you court, simply pay her the $30k and they are done...which will leave you potentially being liable for the other $70k in this example. When you potentally face signficant personal liability, you want a lawyer defending you.
I practice in NJ, where legal costs are generally higher than in TX. I would charge at an hourly rate of $200/hour for this case and would expect that the defense of the case would run between $10k and $20k.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption