Thank you for submitting your question regarding who would be responsible for a pain and suffering claim.  You should be aware that automobile accidents, and the laws governing them, will vary state to state.  Some states handle medical expenses as part of the motor vehicle accident, and as such, your medical claim would go through your car insurance company.  Even if you are not at fault, you can have your insurance company handle your claim.  In turn, your insurance company will attempt to subrogate (collect) the money they paid out from the at-fault driver’s insurance company.  Your insurance company will likely be able to contact the at-fault driver, given they have the license plate of the vehicle.  Once they contact the driver, they can get his insurance information and proceed with handling the claim.  Of course, you will be limited to the policy limits of the other driver’s policy.  Pain and suffering is not something that is usually handled as part of your insurance claim. Sometimes the at-fault driver’s insurance company will offer you a settlement amount to avoid a lawsuit, but that is not always the case.  Again, even this amount would be limited by the policy limits of the other driver’s insurance company.  However, you can sue the other driver personally to recover any damages that were not covered by insurance and for pain and suffering.  If you need further assistance filing a personal injury you may want to contact a personal injury attorney in your area for assistance.