Michel Catomeris

Question: I was hit by an uninsured motorist, and I have an uninsured clause in my car insurance.?

My car was totaled out, and since my car insurance had a non insured motorist clause then I just have to pay the deductible, and they will cut me a check. I was hurt in the accident, and I wanted to know if my car insurance (Progressive) will also pay out pain and suffering. I am considering taking this guy to small claims court, but if I do then I have no idea what the outcome would be. IF my insurance offers me a pain and suffering settlement then should I take it? can I negoiate for a higher settlement? Everyone is telling me to take whatever is offered to me because the guy that hit my car didn't have insurance, and could possibly claim indigentcy in which case I would most likely never see the money. I can get a pain and suffering settlement from my own insurance, but I believe that the person that hit me should have to pay it, and I am also assuming that I would get more money out of him directly than letting my insurance cover the pain and suffering. This is my first wreck that I have gotten into, in which, I was the party that was damaged (almost died), and the other guy only received a ticket. I know that life is not fair, but like I said before, this is my first car wreck where I was owed money and the other person did not have insurance. Any information will be much appreciated. Thank You Very Much.

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