The two percentages
| Stage | Fee | What it covers |
|---|---|---|
| 33⅓% | Resolved without a lawsuit | Investigation, records, independent appraisal, demand package, and negotiation with the at-fault insurer through settlement. |
| 40% | If we have to file suit | Everything above, plus the lawsuit against the at-fault driver: petition, discovery, expert appraisal testimony, mediation, and trial if needed. |
The fee changes to 40% only when we file the petition. We do not file to raise the fee; we file when the insurer's final offer is far enough below the appraised loss that litigation is in your interest, and we discuss that decision with you before it happens.
What the math looks like
Illustrations only. Every vehicle and every claim is different, and these figures are not predictions of what your claim is worth.
| Recovery | You keep, pre-suit (33⅓%) | You keep, after suit (40%) |
|---|---|---|
| $15,000 | $10,000 | $9,000 |
| $30,000 | $20,000 | $18,000 |
| $60,000 | $40,000 | $36,000 |
Before deduction of case expenses, described below.
Case expenses
Separate from the attorney's fee, a claim has out-of-pocket costs: the independent appraisal, records fees, and, in litigation, court filing fees, service of process, deposition costs and expert witness fees. Your written contingency fee agreement spells out which expenses we advance, how they are reimbursed from a recovery, and what happens to them if there is no recovery. Texas requires contingency fee agreements to be in writing, and we go through ours with you line by line before anyone signs.
Why contingency works for diminished value
- Our interests line up. We are paid from what we recover, so we have no reason to accept an insurer's formula number.
- The insurer takes the claim seriously. A demand from a firm that files lawsuits reads differently from a letter from an owner or an appraiser.
- We say no to weak claims. Because we are paid only on results, we tell you up front when the policy limits, fault facts or vehicle value make a claim not worth pursuing.
What we do not do
- No hourly billing and no retainer.
- No fee on amounts the insurer already paid for the repair itself.
- No "typical settlement" promises. Texas advertising rules prohibit them, and they would not be honest.