The aftermath of any car accident can be a stressful time. But when you’re involved in a wreck with an uninsured motorist, things can be even more frustrating and uncertain. If the other driver doesn’t have insurance to pay for the losses they caused, it can be challenging to know where to turn for help.
At the law firm of Marks & Harrison, our Virginia car accident attorneys can help if you have been injured in a collision with a driver who lacked insurance coverage. We can review the specifics of your situation and explore your recovery options when you contact us for your free initial consultation.
What Are Virginia’s Auto Insurance Requirements?
Virginia is one of the few states in the U.S. that does not require drivers to carry auto insurance. You are legally permitted to drive without auto insurance as long as you pay a $500 Uninsured Motor Vehicle (UMV) fee to the Department of Motor Vehicles (DMV).
Drivers do not receive insurance coverage in exchange for paying the UMV fee. Instead, they are simply allowed to register and drive uninsured vehicles at their own risk. If an uninsured motorist is at fault for a car accident, they are still financially responsible for the cost of any injuries or property damage they caused.
Most drivers cannot pay for the full cost of an accident that results in serious injuries or property damage, so the majority choose to pay for liability insurance coverage. Under Virginia law, minimum amounts for liability insurance include:
- $30,000 per person in bodily injury coverage (for policies effective as of 2022)
- $60,000 per accident in bodily injury coverage
- $20,000 per accident in property damage coverage
What Can I Do If I Am in a Car Wreck with an Uninsured Motorist?
So, what can you do if you are injured in a Virginia car accident involving an uninsured motorist? In short, you have three possible options:
- File a claim against your policy – Virginia law requires auto insurance companies to offer uninsured motorist (UM) coverage when customers sign up for new policies. If you elected to pay for UM insurance, your policy could help cover injury and property damage costs after an accident involving an uninsured motorist or hit-and-run driver. This type of coverage is optional, so not everyone has it. An attorney can help you review your auto insurance policy and determine whether you may be entitled to benefits.
- File a claim against another liable party – If another motorist or third party was also at fault for the accident, you could file a claim against them to recover compensation. For instance, an employer may be vicariously liable for an employee who crashed while driving for work-related purposes.
- Demand compensation from the uninsured motorist – If no other options are available, you can take the uninsured driver to court and demand compensation from their personal assets. However, if the driver has no way to cover the cost of your accident-related losses, you may be out of luck.
What Can I Do If I Was Involved in a Hit-and-Run Accident?
Don’t lose hope if you were involved in an accident caused by a hit-and-run driver. Even if you never identify the other driver, you may still be able to file a claim for your losses.
If you carry UM insurance, it should apply to accidents involving hit-and-run motorists, who are considered uninsured by default. An attorney can help you file a UM claim and demand the money you are owed from your insurer.
What Are Virginia’s Uninsured Motorist Requirements?
If a Virginia motorist chooses to forego liability insurance, they must pay the DMV a $500 Uninsured Motor Vehicle (UMV) fee along with other standard registration fees at the time of registration. Motorists who pay this $500 fee are permitted to drive uninsured vehicles at their own risk for up to 12 months at a time.
If an uninsured motorist neglects or refuses to pay the UMV fee, they can lose the right to drive or register their vehicle. When someone’s driving and registration privileges are suspended, they must pay expensive reinstatement fees and file Financial Responsibility Insurance Certificates with the DMV for the next several years.
Will My Insurance Company Raise My Rates If I File an Uninsured Motorist Claim?
If the only way to get the money you need is to file a UM claim under your own policy, you may be wondering whether filing a claim could increase your monthly insurance rates. This is a common question, but fortunately, auto insurance companies are generally prohibited from raising your premiums if you were not at fault for a wreck.
Under § 38.2-1905 of the Code of Virginia, insurance providers may not increase your rates or charge you “points” for being involved in an accident that was not your fault. After all, the purpose behind no-fault policies such as UM policies is that you have already paid your insurance to cover certain expenses, and this coverage is not based on anything you did or failed to do. It’s not your fault that the other driver does not carry insurance, so claiming UM benefits should not impact your rates.
However, consider that insurers are permitted to increase rates if you are found partially at fault for the accident. If the insurance company or another party tries to avoid paying you by claiming you were at fault, a knowledgeable attorney can help you defend your rights.
Can I Sue an Uninsured Motorist for My Injuries?
Yes, you can legally sue an uninsured motorist after an accident. Virginia law holds uninsured motorists financially responsible for any injuries or property damage they cause in a wreck. Therefore, you can file a lawsuit to force the uninsured driver to pay what you are owed.
However, you should know that many uninsured drivers lack coverage because they believe they cannot afford it. If someone doesn’t have the money to pay for auto insurance, chances are they don’t have the money to pay your medical bills either. So even if your lawsuit is successful, they likely lack the means to pay you what they owe you.
The attorneys of Marks & Harrison can help you review all of your options after an uninsured motorist accident to determine whether suing could be worth it. If the at-fault driver’s assets are sufficient, we may be able to help you file a lawsuit.
Contact a Virginia Uninsured Motorist Accident Lawyer Today
If you have been injured in a hit-and-run or an accident with an uninsured motorist, the Virginia accident attorneys of Marks & Harrison want to help. Contact us today to learn how we can make a difference in a free initial case review.
