Being involved in a car accident is stressful enough, but it can be even more complicated if the at-fault driver doesn’t have insurance. In Virginia, where insurance is mandatory, this scenario may seem unlikely, but it still happens. The state follows a fault-based system, meaning the person responsible for the accident is typically liable for the damages.
However, if the responsible driver lacks insurance, it can leave you wondering what your options are for recovering compensation for medical bills, property damage, and other losses. Understanding the steps to take after an accident with an uninsured driver in Virginia can help you protect your rights and recover from the incident.
If you’ve been injured due to someone else’s negligence and are wondering about the value of your case, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can evaluate your case and determine your best legal options for recovering damages. Call us today at 833-997-1774 for a free consultation.
What Are My Options If the At-Fault Driver Doesn’t Have Insurance?
If you’re hit by an uninsured driver in Virginia, there are still ways to recover damages. Virginia requires all drivers to have auto insurance, and all policies must include uninsured motorist coverage. The previous option to pay an uninsured motorist fee and drive without insurance is no longer available.
UM coverage is designed to protect you in situations where the other driver doesn’t have insurance or doesn’t have enough insurance to cover your damages. It can help pay for medical expenses, lost wages, and property damage. Without UM coverage, you may be responsible for paying your own medical bills and repair costs, unless the at-fault driver’s assets can be pursued in a lawsuit.
Can I Sue the Uninsured Driver Directly for Damages?
Yes, you can file a lawsuit against the uninsured driver directly. However, if the driver lacks insurance, they may also lack the financial resources to pay for your damages, which can make pursuing a lawsuit challenging. If the uninsured driver has assets, such as property or savings, you may be able to recover some of your damages through a legal judgment. However, if the driver does not have sufficient assets or income to pay for the judgment, you may not be able to collect the full amount. In some cases, legal action may result in a judgment, but it may not lead to compensation if the uninsured driver is unable to pay.
How Can Uninsured Motorist Coverage Help in This Situation?
Uninsured motorist (UM) coverage is designed to provide compensation if you’re hit by an uninsured driver or if the driver is underinsured (doesn’t have enough coverage). In Virginia, UM coverage can help pay for medical bills, pain and suffering, lost wages, and other damages you may incur as a result of the accident. Your insurer will step in to cover the costs that the uninsured driver is unable to pay. This type of coverage can be crucial, as it ensures that you’re not left financially burdened by an accident caused by another person’s lack of insurance.
How Can Our Personal Injury Firm Help?
At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your car accident case.
If you’ve been injured in a motor vehicle accident through no fault of your own and want to talk about your options, feel free to give us a call at any time. We’d be more than happy to discuss your case, your options, and the best plan of attack to ensure that you are fairly compensated and taken care of for your injuries.
Call us at 833-997-1774 to schedule a free consultation and let us help you get the compensation you deserve.