Someone asked me the other day if I thought they were charged a fair fee on a personal injury case. It is hard to say. Each case is different, and each attorney runs his/her own office differently. But there are some general guidelines.
If a case settles before the attorney files a lawsuit, fees range from 20 to 33 percent. That seems fair to me. If the attorney has to file a lawsuit, I have seen fees go from 25 to 40 percent. 30 days before trial or arbitration, fees may be 33 to 40 percent. These fees are generally on either the gross recovery or the net. Gross recovery is the total settlement amount, whereas net recovery is the settlement less costs.
That being said, I do not believe that your attorney should charge you a fee for two things. First, the attorney should not charge you a fee based on the amount of damage to your car, even if the attorney helps you resolve this dispute. Second, I do not think the attorney should charge you on med pay payments. If your insurance company pays your medical bills or reimburses you, I do not think that your attorney should charge you a fee.
These are just my opinions, remember. Each firm is a little different on the fee structure. If you do not understand the fee, or have questions, just ask.