Auto Insurance Claims: Atturny fees, contingency basis, medial portion

Question
i was in an accident in Tennessee in where the person that hit me was at fault. I had an attorney that was trying to handle it as a favor for next to
nothing to just try and get the insurance company to make a decent
settlement offer on my out car that was a total loss. That was taken care of.
When it came to the medial portion, the attorney through it would be better
to file a law suit since he could only get the insurance company cover the
medical bills plus a very small amount for pain and suffering.  He found me
an attorney in city where the accident happened since he was three hours
away in a different city. Finally here is my question.
Does my new a attorney have any claim to a percentage of my medical
settlement that is to paid back to my insurance company if we are to settle
and not go to trial, since we already had it established that they were at fault
and that part of the settlement was pretty much guaranteed thru the other attorney. The first Attorney was had the insurance company up to about
$3000 with $1500 going to pay my insurance company back for medical
payments. The new attorney looks as though he will only be able to get about
$3500 if we settle. Dose he get a third of my medical back to my insurance
company?

Answer
Hi Wayne,

Usually when you hire an attorney on a contingency basis, the attorney will take 33% of whatever the total amount of the settlement is. The only exception to this would be if you and the attorney agreed in advance tha he was not going to take a fee on certain amounts. But this would have to have been written into the representation contract that you signed when you hired the attorney.

I hope this helps
Richard Hixenbaugh