If you are involved in a car accident caused by another motorist, you may recover compensation by filing a personal injury claim with the at-fault driver’s insurance company. However, if the driver responsible for the accident is uninsured, recovering compensation can be more complicated. Although Virginia law requires all motorists to carry a minimum amount of liability auto insurance, nearly ten percent of drivers in the state remain uninsured.
The best way to protect yourself in the event of an accident with an uninsured driver is to ensure you have sufficient uninsured motorist (UM) coverage. An experienced car accident lawyer can help you navigate the claims process, protect your rights, and pursue the maximum compensation available.
How Does Uninsured Motorist (UM) Insurance Work?
If you are injured in a car accident and the at-fault driver is uninsured, you will likely need to file a claim with your own insurance company under your UM policy. As of July 1, 2024, Virginia no longer allows motorists to opt out of carrying auto insurance by paying an uninsured motorist vehicle fee. Now, all drivers must carry liability insurance, with minimum coverage limits of $30,000 per person, $60,000 per accident for bodily injury, and $20,000 for property damage. This law aims to reduce the number of uninsured drivers on the road.
When filing a UM claim, your insurance company will cover accident-related costs up to your policy limits. These may include medical expenses, lost wages, pain and suffering, and other damages. However, insurance companies may dispute claims or offer settlements that do not fully cover your losses. A lawyer can help you negotiate for the full compensation you deserve.
If your damages exceed your UM policy limits, you may need to explore other options for compensation, such as:
- Medical Payments Coverage (MedPay): This can help cover medical expenses regardless of fault.
- Health Insurance: Your health insurance may cover accident-related medical costs, including hospital bills, surgeries, medications, and rehabilitation.
- Collision Coverage: If you have this coverage, it can help pay for vehicle repairs, regardless of fault.
- Civil Lawsuit: You may have the option to sue the at-fault driver. However, if they lack financial resources, recovering compensation may be difficult. In some cases, options like wage garnishment or liens may be available.
What Should I Do if I Am Injured in a Car Accident Involving an Uninsured Driver?
The moments after a car accident can be overwhelming, especially when the at-fault driver is uninsured. Taking the right steps can help protect your claim:
- Call 911: Reporting the accident ensures that a police report is filed, which can be critical for your claim.
- Seek Medical Attention: Even if injuries seem minor, a medical evaluation is important for both your health and legal claim.
- Do Not Accept Money from the Other Driver: Uninsured drivers may offer cash to avoid legal consequences, but this may not cover your full expenses.
- Exchange Information: Obtain the other driver’s contact details and vehicle information.
- Get Witness Statements: If witnesses saw the crash, ask for their contact information and statements.
- Take Photos of the Accident Scene: Capture vehicle damage, injuries, road conditions, traffic signs, and other relevant details.
- Notify Your Insurance Company: Inform your insurer that the at-fault driver is uninsured and provide supporting evidence, including the police report and medical records.
- Consult a Car Accident Lawyer: A lawyer can help you file your claim, negotiate with insurance companies, and explore all available compensation options.
Virginia Beach Car Accident Lawyers at Anchor Legal Group, PLLC Advocate for Victims of Accidents Involving Uninsured Drivers
If you or a loved one was seriously injured in a car accident caused by an uninsured driver, the Virginia Beach car accident lawyers at Anchor Legal Group, PLLC can help. We will review your case, determine liability, and fight to secure the compensation you deserve. To schedule a free, confidential consultation, call 757-LAW-0000 or contact us online. Our office is located in Virginia Beach, and we serve clients throughout Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.