In Virginia, a negligent driver bears responsibility for injuries and losses in an accident they caused. However, if the driver of the vehicle is not its owner, in limited circumstances you may also have a claim against the owner.
Car accident liability can be a complex matter, but determining who is responsible is critical to the success of any personal injury claim. The team at Marks & Harrison is here to help you understand who might be liable for your injuries, how you can recover compensation, and the help you have available when seeking that compensation.
Does Car Insurance Follow the Car or the Driver in Virginia?
In Virginia, car insurance primarily follows the car rather than the driver. This means that if someone drives your car without permission and causes an accident, your insurance policy will most likely be the first to cover the injuries and losses that occur.
While the primary coverage will generally come from the car owner’s insurance, there are instances where the driver’s insurance may also come into play. For instance, if compensation exceeds the car owner’s insurance policy limits, the driver’s insurance may act as secondary coverage.
However, not everyone who gets behind the wheel of a car necessarily has insurance. When that’s the case, it may be your own auto insurance policy that provides secondary coverage. Under Virginia law, all insurance policies must provide uninsured motorist coverage. This means if you have auto insurance, you are covered for accidents caused by uninsured drivers. A car accident lawyer can advise you about who is liable for your injuries.
What If My Injuries Exceed the Insurance Coverage of the Other Car’s Owner?
It’s not uncommon for the losses in a car accident to exceed the liable party’s insurance coverage. If that’s the case for you, don’t panic — you have multiple legal options to explore.
You can’t determine whether your claim will be fully covered without knowing the specific details of the liable party’s policy. Provided the liable party does have a Virginia insurance policy, they should have at least the minimum liability insurance mandated by Virginia law.
For policies effective between January 1, 2022, and December 31, 2024, minimum liability insurance in Virginia includes the following:
- $30,000 for bodily injury per person
- $60,000 per accident
- $20,000 for property damage
For policies effective after January 1, 2025, minimum liability insurance includes the following:
- $50,000 for bodily injury per person
- $100,000 per accident
- $25,000 for property damage
If your car accident claim exceeds these limits, your options for pursuing further compensation include the following:
- Underinsured Motorist Coverage – Virginia law requires all insurance policies to include underinsured motorist coverage. This part of your insurance policy may provide additional compensation when the liable party’s insurance is inadequate depending on your policy language.
- Suing the At-Fault Driver – Typically, compensation is recovered through the liability party’s insurance. However, when their insurance doesn’t cover all your losses, you may pursue a car accident lawsuit against the at-fault driver personally. Recovery in these instances will depend on the personal assets of the liable party.
- Seeking Compensation from Other Parties – If more than one party contributed to your injuries, you may have a claim against each of them. These cases can be complex and typically require an experienced car accident lawyer to investigate the accident, gather evidence, and establish liability.
What Happens If Someone Borrowed My Car Without My Permission?
Car accident liability can become complicated when someone uses your car without permission and causes an accident. In general, the car owner’s insurance does not apply in accidents caused by a driver who didn’t have permission to use the vehicle. However, proving that you did not give the driver permission is not always easy to do.
If someone frequently borrows your car or has borrowed it in the past, insurance companies and courts might argue that you gave what’s known as “implied permission.” You may not have had a conversation with the driver in which you explicitly stated they could use your vehicle. However, if your past behavior implied that it was OK for them to borrow the car, you may still be liable for the injuries and losses the driver caused.
Determining liability in a car accident lawsuit can be complex even when there aren’t two potentially liable parties, and implied permission isn’t a factor. That’s why it’s important to work with an experienced car accident attorney, whether you were injured in a car accident or another driver caused an accident in your vehicle. Your attorney can review your case, investigate the accident, gather evidence, and consult with experts as needed to support your claim.
Could Both Drivers Be at Fault for the Accident?
Virginia follows a strict contributory negligence rule. This means that if an injured party is even 1 percent at fault for the accident, they are barred from seeking compensation.
This law emphasizes the importance of gathering a substantial body of evidence to establish liability in Virginia. It can also make car accident claims a lot more contentious. Insurance companies will attempt to deny your claim by placing some of the blame for the crash on you.
If you want to protect your rights after a car accident, be sure to do the following:
- Avoid Admitting Fault – There’s rarely enough evidence available to you at the time to determine who was at fault. You may feel compelled to apologize or take some form of blame, but your words may be used against you when you seek compensation. Always avoid apologizing or admitting fault at the accident scene.
- Gather Evidence – There’s no such thing as too much evidence. Take photos and videos of the accident scene, obtain a copy of the police report, carefully maintain all related medical and financial records, and gather the contact information of any witnesses.
- Contact a Car Accident Lawyer – An experienced attorney can offer legal guidance, gather evidence, negotiate with insurance companies, and help you avoid critical errors while pursuing your claim.
Contact a Virginia Car Accident Lawyer
Marks & Harrison has proudly represented injured clients in Virginia for over 100 years. Our reputation is backed by millions in settlements and verdicts and numerous testimonials from satisfied clients.
Our attorneys have extensive experience establishing liability in car accident cases, whether the driver, owner, or another entity is responsible. We fight to protect the rights of auto accident victims and seek the compensation they deserve. Contact us today for your free, no-obligation consultation.
