If the agreement with a lawyer is a % of the recovery, does that include monies that are part of the insurance settlement that the insurance company is obligated to pay and does. Example the uninsured motorist part of an auto policy.
The lawyer should have provided you a copy of the retainer contract, but in a contingency case it generally works as follows: the lawyer's percentage is of the gross recovery. i.e., the monies recovered from the at-fault motorist's liability policy and the excess underinsured motorist policy. The lawyer does not take a fee from PIP benefits paid for your injuries (unless they are fees awarded in a PIP suit) and hardly ever does a lawyer take a fee from the property damage recovery (unless responsibility for the damage was actually litigated and even then, it is unusual). Assisting with getting a client's car fixed is typically a courtesy service that law firms provide. In addition to the attorney's fee, they are also reimbursed for costs they expended.
Before agreeing to the settlement, you and the lawyer should discuss what your reasonable options are; an estimate of your net recovery, if you are considering a settlement for less then policy limits; etc. When the case settles, the lawyer must present you with an accident closing statement itemizing the recovery, the attorney fees, costs and all medical bills and health liens that are coming out of the recovery. Until you sign off on the closing statement, no one gets paid, including you and the lawyer.
Your question was very broad, but I hope I was of some help.
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