After a car accident, your auto insurer may pay for your injuries if the at-fault driver is uninsured. Or, you might sue the at-fault driver in civil court if circumstances make it a viable strategy.

Each accident is different, and the state of insurance relative to your accident is a crucial consideration. A car accident lawyer can review your unique circumstances and seek compensation for you.

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Your State’s Auto Insurance Laws Will Determine Who Covers Your Damages

Each state issues its own laws related to auto insurance and motor vehicle accidents.

In this respect, states fall into two primary categories:

1. No-fault states: In no-fault states, every motorist’s own insurance policy covers accident-related damages up to coverage limits. Even if another motorist caused your accident, your insurer generally covers property damage and medical care up to a limit.
2. At-fault states: In at-fault states, the at-fault motorist’s insurer must cover accident victims’ damages. So, if someone else caused your accident, you’d generally file a claim with their insurer.

Your car accident attorney should know your state’s insurance laws. They will consider these laws as they form a plan for your case.

Uninsured Motorists Pose a Greater Financial Threat in At-Fault States

The no-fault system provides a layer of protection against uninsured motorists. So long as a motorist has an active auto insurance policy, they know that their insurer will (or at least should) cover some amount of their property damage and medical expenses.

In at-fault states, however, the at-fault motorist’s insurance policy is expected to cover damages. If that motorist does not have insurance, the accident victims do not have the financial protection the system requires.

Therefore, a no-fault state may provide more readily available benefits after a collision with an uninsured motorist. Unfortunately, motorists do not have control over their state’s insurance laws.

How You May Seek Compensation for an Uninsured Motorist Accident in an At-Fault State

If your accident with an uninsured motorist happened in an at-fault state, options for seeking compensation might include:

• Filing an uninsured motorist claim with your insurer: At-fault states allow motorists to purchase uninsured/underinsured (UM/UIM) insurance coverage. This coverage provides compensation if a motorist without adequate insurance hits the policyholder. If you have this type of coverage, we can help you file a claim.
• Suing the at-fault motorist: If the at-fault motorist has financial assets that make a lawsuit worthwhile, you may sue them personally for the compensation they owe you.

In some cases, parties aside from the uninsured motorist will be liable for the accident victim’s damages. A car accident lawyer from our team will identify all responsible parties and explain how you may seek compensation from each.

Consider Retaining an Attorney Before Getting Into the Weeds with Any Insurer

As you can see, simply understanding insurance laws in your state can be difficult. Getting the compensation you deserve may prove even more challenging. An attorney can accompany you through the entire process. The sooner you retain a lawyer to lead your claim or lawsuit, the sooner you can focus all your attention on recovery.

A lawyer’s insurance-specific duties include:

• Protecting you from bad-faith insurance tactics: Insurance companies provide a service but are beholden to their bottom line. Do not be surprised if an insurance company denies your claim, undervalues your damages, stands firm on a lowball settlement offer, or engages in other bad-faith practices. An attorney can protect you from such practices.
• Negotiating an insurance settlement: Your attorney can negotiate directly with insurers for the compensation you deserve. Car accident lawyers have experience negotiating and frequently deal with insurance representatives.
• Handling the details of your claim: Insurance claims can require extensive paperwork, correspondence, and legwork. Our team will handle every step of your claim.

In general, motorists pay higher insurance premiums because of the financial costs that uninsured motorists cause. Since you’re paying higher premiums, you deserve to get the full coverage that those premiums cover.

How an Attorney Can Assist with Your Claim, Lawsuit, or Other Action

Some victims of uninsured motorists’ negligence choose to sue. Whether you pursue an insurance claim or lawsuit, a lawyer from our team will work to build the most robust case for compensation.

In most motor vehicle accident cases, a car accident attorney will:

Determine Liability

Motorists are most often responsible for accidents, though not always.

Our team will review relevant details to identify liable parties, which may include:

• The uninsured motorists
• An uninsured motorist’s employer (if they were working at the time of your accident
• The manufacturer of a defective vehicle or component
• The municipality that is responsible for dangerous road conditions, downed signage, or other conditions that contributed to your accident
• Any other party with legal liability for your accident

Negligence is a common liability standard in civil cases. If anyone acted unreasonably that contributed to your accident, they might be negligent and, therefore, liable for your damages.

Collect Relevant Evidence

Relevant evidence in a motor vehicle accident case may include:

• Witness accounts of the accident
• Video footage of the accident
• An expert’s reconstruction of the accident
• A police report
• Your own account of the accident
• Photographs of the accident scene

We rely on investigators and experts to paint a clear, comprehensive depiction of our clients’ accidents.

Document Damages

Motor vehicle accidents cause damages, and these damages are the basis for an accident victim’s financial recovery.

An attorney must get as much documentation as possible of a client’s damages, which may include:

• Medical bills
• Medical records
• Images of injuries
• Proof of lost income
• Medical expert testimony about physical, psychological, and emotional injuries
• Invoices for vehicle repairs and temporary transportation

Each uninsured motorist accident produces different damages. Your attorney will seek documentation of your unique damages to fight for fair compensation.

Calculate the Cost of the Accident

An attorney will determine the cost of your accident. To do so, they’ll calculate the cost of each individual damage you have suffered.

Classes of recoverable damages include:

• Existing damages
• Future damages
• Non-economic damages, which include pain and suffering
• Economic damages, which have an identifiable financial cost

Identifying and calculating damages is not as simple as some may assume. Calculating the cost of non-economic damages, as well as damages you will suffer in the future, may be particularly challenging. An experienced attorney will ensure their calculation of your damages is thorough and accurate.

Manage Settlement Negotiations

Attorneys for car accident victims lead settlement negotiations because:

• The lawyer has ready access to evidence, documentation of damages, and calculations of damages
• The attorney likely has experience negotiating with insurance companies and civil defense attorneys
• The attorney can continue to protect the client’s rights by serving as their representative

During settlement negotiations, your lawyer may present evidence of negligence, documentation of your damages, and witness accounts. They will tie together their case with oral arguments and should push relentlessly for the settlement offer you deserve.

Take the Case to Court if Necessary

A law firm should be willing to take your case to court. Trials are not always necessary in civil cases, as many settle before court proceedings become necessary. However, if taking your case to court is the right decision for your case, expect your attorney to proceed to trial.

What Damages Should a Motor Vehicle Accident Victim Seek Money For?

Each motor vehicle accident victim experiences different damages. This is why you may choose to hire a lawyer who can identify your specific damages.

They will assign a precise monetary value to your damages, which may include:

• Medical bills: Motor vehicle accident victims should get all the care they need. When the victim has not caused their accident, they shouldn’t have to bear the cost of medical care. Our team will work to recover total compensation for your accident-related medical care.
• Professional damages: Our team will identify the cost of lost income, lost earning power, bonuses, and promotions you should have earned, and any other professional damages.
• Pain and suffering: A common type of non-economic damage from motor vehicle accidents, pain and suffering can include emotional distress, chronic and acute physical pain, sleep issues, lost quality of life, and other psychological or emotional problems. In severe cases, accident victims may develop post-traumatic stress disorder (PTSD), depression, and other diagnosable conditions.
• Property expenses: We will account for the cost of vehicle repairs. You may also have suffered damage to your phone, clothing, and other personal property. We’ll calculate the cost of replacing these damaged items, too.

Sadly, motor vehicle accidents caused by uninsured motorists claim lives every year. If your loved one has passed away from injuries they suffered in a traffic accident, an attorney can seek justice for you and your loved one who has passed away.

Fatal Traffic Accidents

The National Highway Traffic Safety Administration (NHTSA) suggests that roads are as dangerous today as ever. Tragically, tens of thousands of motorists and passengers pass away each year due to motorists’ negligence.

If you have lost a loved one because of an uninsured motorist’s actions, we will demand compensation for:

• Funeral costs
• Your pain and suffering
• Any pain and suffering the decedent may have experienced
• Lost financial support
• Loss of a spouse
• Loss of a parent
• All other damages resulting from the accident and your loved one’s tragic passing

We extend our heartfelt condolences to you and your loved ones. We will seek justice for you as only an attorney knows how.

How Should a Motor Vehicle Accident Victim Choose a Car Accident Lawyer?

You can rely on several criteria to choose a motor vehicle accident attorney.

As you conduct online and in-person research, you may consider:

• Practice areas: You may seek out a law firm that specifically handles uninsured motorist accident cases.
• Case results: You may choose a law firm with a track record of significant financial recoveries. This record shows that a law firm can get the results you hope for, though each case stands alone.
• Client testimonials: Former clients have an upfront view of a law firm, so their experiences are worth considering.
• Your personal experience with the firm: You may complete a free consultation to help determine if a law firm is a right fit for your case.

You must choose a law firm you believe will value your case and fight for your financial recovery.

Don’t Wait to Hire an Attorney

You face deadlines for filing insurance claims and lawsuits. Conduct your research and hire a personal injury attorney in Missouri as soon as possible. If you wait too long, you may forfeit your opportunity to pursue compensation for your damages.