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What Happens in a Motor Vehicle Accident Case

Uninsured motorist coverage protects an insured who is injured in an accident with a driver who does not have insurance. If you have questions about uninsured motorist coverage, contact our firm to schedule a consultation with an experienced attorney for straightforward solutions that will work for you.

Learn More About Uninsured Motorists Claims

At the law firm of Kolker & Germeroth, L.L.C. in Clayton, we represent clients in the St. Louis area, throughout Missouri and southern Illinois who have been injured in accidents caused by uninsured or underinsured motorists.

Below, we have provided some general information to educate you on how the law treats this issue. For answers to questions about your specific case, contact us today for a free initial consultation with a lawyer.

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At Kolker & Germeroth, L.L.C., in St. Louis, Missouri, we help injured drivers file, prove and collect on uninsured and underinsured motorist claims. Below we provide some further information about this form of insurance.

If you've been injured by an uninsured motorist, do not hesitate to get in touch with one of our tenacious trial lawyers. To find out what you are entitled to under your insurance policy, contact us today for a free consultation with an attorney.

What Happens in a Motor Vehicle Accident Case

A claim for injuries caused by an uninsured motorist is similar to most other claims for injuries from a motor vehicle accident. The principal difference is that your own insurance company will be defending against your claim. The uninsured driver may not even be present at any of the proceedings. In fact, if your claim is for damages from a hit-and-run accident, you will not even know the identity of the driver involved.

What follows is a typical sequence of events in a motor vehicle case that involves an uninsured motorist. The exact practices may vary in your state, or your community. An attorney with experience in handling motor vehicle accident cases, such as one from Kolker & Germeroth, LLC in Clayton, Missouri, can tell you what the practices are in your community.


Before your lawsuit begins, your attorney will conduct a thorough investigation of your claim. This investigation will include

  • Analyzing all police reports
  • Obtaining and reviewing witness statements
  • Obtaining and reviewing medical records
  • Inspecting the accident site

While the investigation is going on, your attorney will begin negotiations with your uninsured motorist insurer. If your case cannot be resolved at this stage, a lawsuit will be commenced.


Your uninsured motorist insurer will be served with documents known as a "summons" and "complaint" or, in some states, a "petition". The summons and complaint let your insurer know that you are suing it and gives the reasons you are suing. Your insurer will send back an "answer," which sets out the reasons it claims it is not liable. If no answer is served within a certain time, you win your case by default.

After your lawsuit has been started, you may be required to give a "deposition." At a deposition, you will be paced under oath and asked questions by the attorney for your insurance company. Your answers will be recorded, usually by a court reporter or stenographer. In addition to your deposition, you may be required to answer "interrogatories," or written questions submitted by the other side. Your attorney probably will submit interrogatories to the opposition, and, if possible, will probably take the deposition of the driver who injured you. You may also be required to undergo a medical examination by a doctor selected by your insurer to learn the nature and extent of our injuries. In some states, a court order is required before you will be required to undergo such an examination.

Negotiations to resolve your case are likely going on while the other procedures are taking place. If a settlement cannot be reached your case will go to trial. Most injury cases are resolved by agreement before trial is necessary, but it is best to prepare each case as if it will go to court.


Knowing what to expect when you bring a claim for injuries caused by an uninsured motorist can help make the process go more easily for you. An attorney from Kolker & Germeroth, LLC in Clayton, Missouri can provide you with experienced advice in your motor vehicle accident case, and will be able to answer your questions.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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