A: Well, the first question is, are you at-fault? Did you cause the accident or did the other driver?
If the other driver caused the accident and had insurance you have a property damage claim and a bodily injury claim which would include pain and suffering.
If however, the other driver was at-fault and did not have insurance and you did not have insurance, you would be required to sue the other driver for your property damage and for your injuries. Most attorneys will not take on a claim like this with a contingency fee contract because it is highly likely the at-fault driver will declare bankruptcy if you win.
This is why it is so important to have as much uninsured/underinsured motorist coverage as you can afford to avoid having a car you can not repair, with injuries and not being able to get lost wages, the value of the vehicle and most importantly the cost of your medical bills recoverd.
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