Virginia law does not require drivers to carry liability insurance coverage. [1] Virginia drivers who pay a $500 ‘uninsured motorist’ fee are free to drive on Virginia roads and highways without any insurance at all. Those who do elect to carry liability insurance are only required to purchase $25,000 in coverage. There can be serious obstacles in obtaining financial recovery when a person is seriously injured by an uninsured motorist or someone with limited coverage.
Some people faced with this dire situation may wonder if making a claim is worth it. After taking out attorneys’ fees, case expenses, and paying medical bills, there may not be any money left. Thankfully, there are several actions that a personal injury attorney can take to protect an injured person’s recovery even when it appears that insurance coverage is limited.
The first step is to identify every available source of insurance coverage. Many times injured persons are unaware of other sources of additional coverage or believe that other available insurance policies do not apply. Overlooked provisions in an insurance policy, such as medical expense benefits coverage or personal injury protection coverage, can supplement the pool of money available for payment when primary liability coverage is limited.
If every source of coverage is exhausted and the total amount available for recovery remains insufficient, personal injury attorneys can also try to work with an injured person’s treating medical providers to reduce claim-related medical debt. A good legal team will compile all of the medical bills, calculate how much was paid by any health insurance providers and then determine any amounts still outstanding. That information, combined with the total available insurance coverage and facts of the particular case, can sometimes be used to try to negotiate reductions in the amount of outstanding medical bills owed to medical providers. The result may allow the injured person to receive compensation even where there is limited insurance coverage available.
There is no doubt that limited insurance coverage puts seriously injured people in a difficult situation. The lawyers of Allen and Allen have experience handling these cases, are familiar with insurance law and are supported by a legal team with experience in medical billing and reimbursement. This valuable combination may help to make recovery possible even in the most difficult circumstances.
About the Author: Rob Reed is a personal injury trial attorney with Allen & Allen, working out of their Richmond Office. Rob’s practice is devoted exclusively to protecting the interests of seriously injured clients and their families in personal injury cases.
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[1] The Department of Motor Vehicle’s lists Virginia’s insurance requirements at: http://www.dmv.state.va.us/vehicles/#insurance.asp .
