Being involved in a car accident is already a stressful experience, but finding out that the at-fault driver is uninsured can add another layer of concern. If you’re dealing with this situation, you need to understand your rights and options. An experienced Mechanicsville car accident attorney can help you navigate the legal procedure and get you the compensation you deserve.
Below is a breakdown of everything you need to know about handling injuries caused by an uninsured driver in Virginia.
Virginia’s auto insurance requirements
Virginia is unique when it comes to auto insurance requirements. While most states mandate car insurance for all drivers, Virginia allows motorists to operate a vehicle without insurance if they pay an annual uninsured motor vehicle fee to the Department of Motor Vehicles.
Paying this fee doesn’t provide insurance coverage—it merely allows the driver to drive legally without insurance. This can leave many drivers vulnerable if an accident occurs.
Drivers who do opt for auto insurance must meet the following minimum liability coverage requirements:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $20,000 for property damage
These minimums are often insufficient to cover severe accidents, making it even more critical for drivers to understand their options and responsibilities.
Accidents involving multiple vehicles or serious injuries often result in damages far exceeding these minimum limits, leaving victims with significant out-of-pocket expenses.
The consequences of an uninsured driver accident
When an uninsured driver causes an accident, several issues arise:
- No Liability Coverage: The at-fault driver has no liability insurance to compensate you for your injuries or damages.
- Out-of-Pocket Expenses: You may have to cover medical bills, lost wages, and other damages yourself unless alternative coverage applies.
- Potential Legal Battles: You might need to file a lawsuit against the at-fault driver, which can be challenging if they lack sufficient assets to pay a judgment.
- Emotional Impact: The stress of dealing with financial burdens and an uncertain recovery can significantly affect victims and their families.
Uninsured drivers often avoid taking responsibility for their actions, leaving injured parties to handle the aftermath independently. This lack of accountability underscores the importance of protecting yourself through insurance coverage and legal action when necessary.
What are your options in Virginia?
Virginia law and insurance policies provide several options to help you recover damages.
Uninsured Motorist Coverage
Most Virginia auto insurance policies include Uninsured Motorist (UM) coverage, designed to protect you in situations where the at-fault driver has no insurance. UM coverage pays for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
By law, insurance companies in Virginia must offer UM coverage in amounts equal to the liability limits of your policy unless you explicitly reject it in writing. If you have UM coverage, you can file a claim with your own insurance company to recover damages.
UM coverage is especially valuable in hit-and-run accidents, where the at-fault driver cannot be identified. Without UM coverage, victims of hit-and-run accidents may face the same challenges as those injured by uninsured drivers.
Underinsured Motorist Coverage
While this scenario specifically deals with uninsured drivers, it’s worth mentioning Underinsured Motorist (UIM) coverage for completeness. UIM coverage applies when the at-fault driver’s liability insurance does not cover your damages. The process for filing a UIM claim is similar to a UM claim. Many Virginia drivers opt for higher UM/UIM limits to protect against catastrophic accidents.
Higher UM/UIM limits provide peace of mind and financial protection, especially in cases involving severe injuries, long-term medical care, or extensive property damage.
MedPay coverage
Another optional coverage in Virginia is Medical Payments (MedPay) coverage. This no-fault insurance covers medical expenses for you and your passengers, regardless of who caused the accident. MedPay can provide immediate relief for medical bills while other claims are being processed.
MedPay coverage is beneficial in Virginia because it supplements other forms of insurance and provides quick access to funds for medical care. This can be important in accidents where liability is disputed or delays in resolving claims occur.
Personal health insurance
Your personal health insurance can cover your medical expenses if you’re injured in an accident and the at-fault driver is uninsured. Be aware that your health insurer may seek reimbursement if you later recover damages through a UM claim or a lawsuit. This process, known as subrogation, is important to factor into your financial recovery plan.
While health insurance can alleviate the immediate burden of medical expenses, it
does not cover non-economic damages like pain and suffering or lost wages,
making it only part of a comprehensive recovery strategy.
Filing a lawsuit against the uninsured driver
You can sue the uninsured driver personally for damages. However, this option has limitations:
- Limited Assets: If the at-fault driver lacks insurance, they may not have sufficient assets to pay a judgment.
- Time and Expense: Lawsuits can be time-consuming and costly.
Alternative legal tools, such as wage garnishment or placing liens on the at-fault driver’s property, may provide additional avenues for recovery, although these are not guaranteed.
Steps to Take After an Accident with an Uninsured Driver
Follow these steps to protect your rights and maximize your chances of recovery:
- Call the police: Always report the accident to law enforcement, especially if there are injuries or significant property damage.
- Document the scene: Take photos of the accident, vehicle damage, and any visible injuries. Collect contact information from witnesses.
- Go to the doctor: Get medical treatment immediately, even if you don’t think you’re injured. Some injuries may not show symptoms right away. Keep all medical records and receipts.
- Notify Your Insurance Company: Report the accident to your insurer as soon as possible. If you have UM coverage, initiate a claim. Be detailed in your description of the incident.
- Talk to a car accident attorney: An experienced attorney can help you get compensation and counter-contributory negligence claims. An attorney can also help you identify all potential sources of recovery, ensuring that no available resources are overlooked.
Special considerations in Virginia
Contributory Negligence
Virginia follows the strict legal doctrine of contributory negligence, which bars you from recovering any compensation if you are found even 1% at fault for the accident.
Insurance companies and defense attorneys often use this rule to deny claims, so it’s vital to have strong evidence and legal representation.
Statute of Limitations
In Virginia, you have two years from the date of the accident to file a personal injury lawsuit. Failing to act within this timeframe can result in the loss of your right to recover damages. So you want to begin the claims process promptly to ensure all deadlines are met.
What damages can you recover?
If you successfully file a claim or lawsuit, you may be entitled to compensation for:
- Medical expenses: Both current and future medical bills related to the accident
- Lost wages: Income lost due to time away from work
- Pain and suffering: Non-economic damages for physical and emotional distress
- Property damage: Costs to repair or replace your vehicle
- Punitive damages: In rare cases, punitive damages are awarded if the at-fault driver’s behavior was incredibly reckless or egregious.
Protecting yourself from uninsured drivers
Given the risks posed by uninsured drivers, it’s wise to take proactive steps to protect yourself:
- Purchase Sufficient UM/UIM Coverage: Ensure your policy includes adequate UM/UIM limits to cover potential losses. Many experts recommend purchasing more than the minimum required.
- Add MedPay Coverage: This optional coverage can provide additional financial protection for medical expenses.
- Review Your Policy Annually: Work with your insurance agent to ensure your coverage meets your needs. Life changes, such as a new job or additional drivers in the household, may require adjustments.
- Understand Virginia’s Insurance Laws: Familiarize yourself with your rights and options to avoid surprises in the event of an accident.
- Drive Defensively: Practice safe driving habits to minimize the risk of accidents. Stay alert, avoid distractions, and adhere to traffic laws.
Being injured by an uninsured driver is a daunting experience, but you have options to recover damages. Consulting a knowledgeable Mechanicsville personal injury attorney can make a significant difference in the legal and insurance processes. Get in touch with our experienced call accident lawyers by calling 866-388-1307 today.
