Even if you carry auto accident insurance, recovering the damages from a car accident can be difficult if the person who caused your injury and/or damages does not carry liability insurance, or is underinsured and, therefore, cannot cover the full cost of damages you sustained. In most cases, a driver is uninsured for economic reasons. That is, they do not carry auto accident insurance because they do not have the financial resources to do so. This being most often the case, if you seek to pursue legal action against the uninsured motorist for your damages and/or injuries, even if your case is successful, you may still be responsible for covering your accident related expenses if the uninsured motorist does not have the financial means to compensate you.

If the motorist who caused the accident you were involved in does not carry auto accident insurance, it is not impossible for you to recover damages. Many insurance carriers offer uninsured motorist coverage. In some states, this coverage is mandatory. This coverage allows you to collect damages from your insurance company in the event that you are hit by an uninsured or underinsured motorist. It is important to contact an experienced accident attorney soon after a car accident as he or she may know about some coverage that you are unaware of.

Sometimes, you may be able to pursue legal action against your own insurance company for damages caused by an uninsured motorist. Contacting an accident attorney with experience handling uninsured motorist car accident claims may help you receive fair compensation if you are involved in a car accident with an uninsured motorist. An experienced car accident lawyer will know how to read your insurance policy and determine the right course of action to help you receive the recovery you are entitled to.

Being involved in a car accident is something you are never quite ready for; however, it is something that you can prepare for. First, check your insurance policy to see if you are covered for uninsured motorist accidents. If you are not, ask your insurance carrier for information about purchasing this coverage. Be sure to receive the terms of the insurance agreement in writing.

Another way to be prepared for a car accident with an uninsured driver is to know what steps you should take after a car accident (see What to Expect when You are in a Car Accident). Be sure to document as much information about the person you had the accident with as possible so that you can contact them later. Also, if they have an expired insurance policy, be sure to write down the insurance carrier’s information so you can contact them to be certain that the person’s insurance is indeed cancelled.

Finally, be sure to choose a car accident attorney with expertise handling your type of claim (see How to Choose a Car Accident Lawyer). An experienced car accident attorney may be able to help you recover damages if you are involved in an accident with an uninsured driver.

Being involved in an accident of any kind is a scary thing. Not only do you have medical bills to deal with, but you must struggle to meet the costs demanded of daily living, like paying the rent, buying food and taking care of your children. When you are facing tremendous bills and don’t know how you’re going to pull through, you may be tempted to accept the first settlement offer presented to you by an insurance company. Below is important information you need to be aware of when dealing with insurance adjusters.

First offers are usually low offers

The first offer an insurance adjuster makes is usually on the low end, even if it sounds like a lot of money to you. Remember, insurance adjusters work for the insurance company and are trained to settle claims for the least amount of money possible. Hiring an attorney can help level the playing field. An experienced attorney can be a strong advocate fighting for your best interests in an insurance settlement.

Most insurance adjusters count on victims being unaware of the actual value of their claim

Many accident victims are not fully aware of the value of their claim and jump at the first offer made to them. This is where an experienced accident attorney comes in. An attorney can help you calculate both immediate and future damages of your injuries. These often include things like: medical bills, time missed from work (both now and in the future), loss of earning potential, impact of injury on lifestyle, pain and suffering and any other out-of-pocket expenses you may have incurred as a result of being involved in an accident.

Things you say to an insurance company can be used to minimize the value of your claim

When an insurance adjustor contacts you to “help you settle your claim,” he or she may try to get you to say things that will minimize the value of your claim. For this reason, it is important to have an experienced attorney speak to insurance companies on your behalf. Even if you are well-intentioned and try to work cooperatively with the at-fault party’s insurance company, things you say may be misconstrued to diminish the amount of money that you are legally entitled to receive for your injuries.

Early contact is a strategy for minimizing the value of your claim

Insurance adjusters may also try to contact accident victims soon after an accident before all injuries and damages have been realized. Some injuries take time to show up after an accident. And some injuries require significant treatment into the foreseeable future. If you are unaware of the full extent of your injuries and how they may impact your future, it is best to not speak to an insurance adjuster until consulting a qualified attorney.

Once you reach a fair settlement with an insurance company, you may be asked to sign a “Release and Waiver” form. This form prevents you from filing additional claims in the future and asks you to give up certain rights that you may otherwise be entitled to. It is a good idea to have an experienced attorney look over a “Release and Waiver” form before you sign it to make sure your best interests are protected.

It is usually best to hire an attorney to handle all communication with an insurance company. Experienced accident attorneys are generally able to settle claims for more money than accident victims who try to settle claims on their own.

No-fault insurance laws limit a person’s ability to seek legal damages from the person responsible for their accident; they are designed to reduce the number of legal actions taken against insurance companies in an attempt to keep car insurance rates low for drivers.

Under no-fault insurance laws, an insurance company should pay the damages sustained by their policy holder in a car accident regardless of who is at fault for causing the accident. That means if you have a car accident under a no-fault insurance policy, your insurance company should cover your accident-related expenses up to your policy limit, and you may only sue the responsible party in limited circumstances.

In the United States, no-fault insurance states operate under a modified system, allowing injured people to seek compensation for damages if certain conditions are met. These conditions include:

• Verbal Threshold—people who suffer serious injuries (e.g., broken bones, brain damage, spinal cord injury, etc.) and surviving family members of a person killed in an accident may seek compensation for non-economic damages, like pain and suffering. “Serious injuries” are defined differently in each state that has no-fault insurance laws.

• Monetary Threshold—people who reach a certain dollar amount in economic losses directly related to an accident may sue the person responsible for the accident. Dollar amounts vary from state to state.

It is important to discuss your situation with an experienced personal injury attorney in your state to determine what action (if any) you may take against the person responsible for your car accident-related injuries. A qualified personal injury attorney should also be consulted if you are having difficulty receiving compensation from your own insurance company.

Determining the value of a claim can be very complex depending on the nature of your accident and the extent of your injuries. Injury victims generally are not only entitled to the direct costs associated with their injury (e.g., medical bills), but the indirect costs that are a result of that injury (e.g., time missed from work). Common damages that most injury victims are entitled to receive compensation for in an insurance settlement include:

• Medical bills

• Prescription drug costs

• Rehabilitation expenses

• Future medical care associated with your injury

• Time missed from work

• Loss of future income from inability to work as you once did

• Pain and suffering

• Inability to enjoy life as you did before (see Hedonic Damages )

• Any other costs you incurred as a result of your injury (e.g., childcare)

Depending on your state and the specific nature of your accident, you may be eligible to receive compensation for more than the above mentioned damages, or less. Every state has its own statutes that determine what and how much a personal injury victim is entitled to. A personal injury attorney in your state should be able to help you determine exactly what damages you are entitled to recover in an insurance claim. Keeping all documentation of injury-related expenses is important to prove your actual out-of-pocket expense.

Since many people are unaware of all the damages they are entitled to, and exactly what those damages amount to, insurance companies generally offer a low settlement first. It is important not to jump at an initial offer, as settling too early does not allow you to fully assess your damages. Keep in mind that injuries are not always readily apparent immediately after an accident and may become apparent over time.

It is usually a good idea to let a personal injury attorney handle all communication between you and another person’s insurance company. While insurance companies must compensate you for your claim, you may inadvertently damage your insurance settlement by saying the wrong thing. An experienced attorney should be experienced in dealing with insurance companies, and able to help you fight for the maximum compensation you are entitled to under the law—even going to court if necessary.