Originally Posted by FullGas

my atty's fee is contingency-based. he receives 33.3% of the settlement amount for medical-related issues (which includes pain/suffering). he is providing assistance in the property-damage claim, but takes nothing from the amount negotiated.

in most cases, the ins company is much more concerned about the medical portion of a claim (which can be quite expensive) than whatever property damages resulted. your leverage is to not sign off on the medical release until you get a fair amount for your property.

if there are no injuries involved, a lawyer will likely not want to spend time on a relatively minor property damage claim.

in that case, a small-claims court is probably the next available option.

the annoying part of the whole process is that I've spent tens of hours getting estimates, medical treatments, filling out countless forms, being without my bike, and generally being stressed out for weeks while the driver who hit me has not experienced one minute of inconvenience.