Short Answer

In North Carolina, car accident lawyers commonly handle hit-and-run injury cases on a contingency fee, meaning the lawyer’s fee is a percentage of the money recovered (and you typically owe no attorney’s fee if there is no recovery). The exact percentage is set by a written fee agreement and often changes depending on whether the case settles early or requires a lawsuit or trial. The agreement should also explain how case costs (like medical records and filing fees) are handled and whether they come out before or after the percentage is calculated.

Understanding the Problem

If you were hurt in a North Carolina hit-and-run and a police report was made, a common question is whether a car accident lawyer’s fee is “a flat percentage” and what that percentage is taken from when the claim is paid.

Apply the Law

North Carolina does not set one single “standard” contingency fee percentage for every hit-and-run injury case. Instead, the percentage and the way it is calculated come from the written fee contract you sign with your lawyer, and it must be reasonable under North Carolina’s professional rules. In a hit-and-run, the claim often runs through uninsured motorist (UM) coverage, because North Carolina requires auto policies to include coverage that protects insured people who are legally entitled to recover damages from uninsured and hit-and-run drivers. That insurance process can affect the work required (investigation, proof, and sometimes litigation), which is one reason fee percentages may be structured in “stages.”

Key Requirements

• Written contingency fee agreement: Your lawyer should give you a written contract that states the percentage, when it applies, and what happens if you change lawyers or end the relationship.
• Clear definition of the “recovery”: The contract should explain what the percentage is applied to (for example, the total settlement amount) and whether it applies to UM payments, liability payments, or both.
• Costs and expenses spelled out: The agreement should say which case costs may be advanced (records, expert reviews, filing fees, service fees) and whether those costs are deducted before or after the percentage is calculated.
• Medical bills and liens addressed: In many injury cases, medical providers may assert liens that attach to settlement funds, and the disbursement process must account for valid lien notices before funds are paid out.
• UM hit-and-run notice and timing rules followed: Hit-and-run UM claims can involve specific reporting and notice steps (including a 24-hour reporting rule and a 60-day waiting period before filing suit against the insurer in certain situations), which can affect how quickly a case can move.

What the Statutes Say

• N.C. Gen. Stat. § 20-279.21 (Uninsured motorist and hit-and-run coverage; notice rules) - Requires UM coverage in auto policies and includes special procedures for hit-and-run/unknown driver claims, including reporting and notice timing.
• N.C. Gen. Stat. § 44-49 (Medical provider liens on personal injury recoveries) - Creates a lien on personal injury recoveries for certain medical-related charges when proper notice and documentation requirements are met.
• N.C. Gen. Stat. § 44-50 (Lien attaches to settlement funds; retention and disbursement rules) - Explains how certain liens attach to settlement funds and requires retention of sufficient funds after notice of claims, while stating it should not interfere with amounts due for attorney services.

Analysis

Apply the Rule to the Facts: Because the other driver fled and a police report was made, your claim may be handled as a hit-and-run uninsured motorist claim under your own auto policy. That often means your lawyer’s work includes proving the crash details, documenting injuries and treatment, and complying with UM notice and timing rules, which can influence whether the fee agreement uses one percentage or a “tiered” percentage depending on whether a lawsuit is needed. Since you lack health insurance and ambulance/ER care is involved, the fee agreement’s cost and lien language matters because medical bills and potential liens can affect how settlement funds are distributed.

Process & Timing

1. Who files: The injured person (or their lawyer) typically opens the claim. Where: With the auto insurer providing uninsured motorist coverage in North Carolina. What: A UM claim notice and supporting documentation (police report, medical records, wage loss proof). When: For hit-and-run/unknown driver UM claims, the accident generally must be reported to law enforcement within 24 hours or as soon as practicable, and the insurer must be given notice within a reasonable time.
2. Investigation and demand: The lawyer gathers records, confirms coverage, documents damages, and submits a settlement demand. This is often when clients see how “costs” are tracked and what the contract says about deductions.
3. If suit is required: In some hit-and-run UM situations, North Carolina law requires waiting at least 60 days after giving the insurer notice before filing suit against the insurer. If litigation happens, the fee agreement often applies a higher percentage for the added work and risk.

Exceptions & Pitfalls

• “Percentage of what?” confusion: Some agreements calculate the fee on the gross settlement; others calculate it after certain costs are reimbursed. Make sure the contract states this in plain terms.
• Costs can be significant in UM cases: Hit-and-run claims may require more investigation and documentation. If the contract says costs are repaid from the recovery, that repayment can reduce the amount you take home even if the percentage is unchanged.
• Medical bills and lien notices: If medical providers give proper notice of a lien, settlement funds may need to be held back and paid out according to North Carolina’s lien rules before the final client disbursement is made.
• UM notice and waiting periods: UM claims can have strict procedural steps (including a 60-day waiting period before certain lawsuits). Missing these steps can delay the case or create coverage disputes.
• Fee changes if the case becomes contested: Many agreements use one percentage for pre-suit settlement and a higher percentage if a lawsuit is filed or the case goes to trial. That is common, but it should be clearly disclosed before you sign.

Conclusion

In North Carolina hit-and-run injury cases, a lawyer’s fee percentage usually comes from a written contingency fee agreement: the lawyer is paid a stated percentage of the recovery, and the agreement should clearly explain how case costs and medical liens are handled. Because hit-and-run claims often proceed through uninsured motorist coverage, timing rules like the 24-hour law-enforcement reporting requirement (or as soon as practicable) can matter early. Next step: ask for a copy of the contingency fee contract and review how it defines the recovery and deducts costs.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a hit-and-run and you’re trying to understand how a contingency fee percentage and case costs will affect your take-home recovery, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.