Are there any lawyers willing to take a case for free?

recovering traffic accident damages when lawyers won't take the case?

• Maryland Traffic Accident Filter: Insurance company denied claim, lawyers won't touch the case. Now what? Anything? A follow up http://ask.metafilter.com/138454/Traffic-accident-incorrectly-without-fault. Recap: Old lady ran a light and totaled the car my wife was driving. No witnesses so the police report didn't assign fault. Car was worth ~$5000. That was their only car and they just don't have $5000 to replace it. The old ladies' insurance company refused the claim outright, before the paperwork was even submitted. According to the two lawyers we spoke with, since there was no injury there's not enough incentive for them to take the case. If I had $15k for a retainer, I wouldn't be worried about the $5k car. There must be something else we can do, right? What other options do we have?

• Answer:

  IANYL, etc. I'm assuming from your question that the other driver's insurer has denied your claim and not denied their driver coverage for the occurrence. If it is the latter, you will have to do all of this and then try and recover any damages from the little old lady herself. Represent yourself in http://www.courts.state.md.us/district/index.html. Forms and a primer are http://www.courts.state.md.us/district/forms/civil/dccv001br.html File in the court closest to you. http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp= are the court rules. You have the burden of proof to show that it is more likely than not that: 1. the other driver was at fault; and 2. you have incurred damages. Note that the measure of damages in property claims is the lesser of the cost to repair or replace. You'll need admissible evidence of the amount of damages. Ask for everything you can think of so that once her insurer finally negotiates with you, you'll have room to move to your desired end point. They will have to pay a lawyer to defend, so their incentive will be to try and settle even though they initially denied the claim. The jurisdictional limit of Maryland's district court is now http://mlis.state.md.us/asp/web_statutes.asp?gcj&4-402, however, keep your claim under 10K so as to prevent the defense from asking for a jury trial. District court is preferable for you since the procedural rules and rules of evidence are more relaxed. You'll have to pay the filing fee and serve the other driver. Send discovery to her to learn her side of the story before you walk into court. If you are near a place with a law library, go there with a couple of spare hours and ask for the MICPEL book "Civil Practice & Procedure in the District Court of Maryland."