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If the other driver in an automobile accident did not carry insurance, you may make a claim against your own personal auto policy. However, understand that you then become the claimant, and if you are attorney-represented, it will delay matters further. You may find out the other driver does not carry insurance. You must tell your own carrier this, and go through your carrier to repair your car if you wish, less your deductible. If you are a pedestrian and are struck by a driver, you may also make a claim under the uninsured motorist section of your policy. If your damages for personal injury (monetary, for medical bills and treatment, and general damages - pain and suffering), exceed the liability limit of the other person's carrier, you may also turn to your own policy if you carry this type of insurance. The same standards apply. treatment length, whether it is accident-related, and whether it will have some permanent impact on your health are all factors to consider when the company will settle with you. The company will settle with you, whether you have an attorney or not. They will not pay you more money if you have an attorney. They should pay you what they owe you. You may wind up with less if an attorney gets involved, due to the agreed-upon fees charged by the attorney by you.