Being injured in a car accident is overwhelming enough, but when the at-fault party doesn’t have sufficient insurance, the situation can feel even more complicated. Many Virginians wonder how they’ll pay their medical bills, recover lost wages, or repair their vehicle after an accident with an uninsured driver. Fortunately, Virginia’s insurance laws provide protection through uninsured underinsured motorist coverage, but navigating the process requires careful steps.
This guide explains what to do if you’re injured by an uninsured driver in Virginia, what coverage applies, and how an attorney can help secure the compensation you deserve.
Virginia’s Uninsured/Underinsured Motorist Coverage Explained
Uninsured and underinsured motorist coverage is designed to protect drivers in exactly these situations. In Virginia, this coverage is automatically included in every car insurance policy unless a driver specifically rejects it in writing. This coverage can pay for:
- Medical costs and treatment
- Lost wages from time away from work
- Pain and suffering
- Property damage and vehicle damages under uninsured motorist property damage coverage
Reviewing your car insurance policy is crucial. Many drivers don’t realize the amount of uninsured and underinsured motorist coverage they have until after an accident. Understanding coverage limits is key to knowing how much compensation may be available.
Understanding the Problem of Uninsured or Underinsured Drivers in Virginia
Despite Virginia’s insurance laws, not every driver on the road carries adequate car insurance. According to insurance research, an estimated 10% of drivers in Virginia are uninsured. For injured victims, this can complicate recovery since the negligent driver may not have the resources to pay for damages. Without proper legal and insurance guidance, victims can end up bearing the financial responsibility for a car accident injury in Virginia. That’s why uninsured or underinsured driver coverage is critical.
Steps to Take If You’re Injured by an Uninsured Driver in Virginia
Here are some of the most important steps to protect yourself and your claim:
- Call law enforcement – A police report documents the incident, which is critical for insurance claims.
- Seek medical attention immediately – Protect both your health and your legal claim by having injuries evaluated and documented.
- Gather evidence – Take photos of the vehicles, the scene, and your injuries. Collect witness contact information.
- Notify your car insurance company promptly – Most insurers require quick reporting, but avoid recorded statements until you’ve spoken with a lawyer. You are under a duty to cooperate with your insurance company’s investigation of the accident.
- Consult with a car accident attorney – Professional guidance ensures your rights are protected from the start.
Filing a Claim Through Your Own Insurance
When the other driver has no insurance, your uninsured underinsured motorist coverage steps in. Filing a claim under your own policy may feel straightforward, but insurance companies often look for ways to reduce payouts, even when you are their policyholder. They may dispute the severity of injuries, deny certain medical treatment, or offer low settlements. An attorney can step in to handle negotiations and fight for the full value of your claim.
What Damages Can You Recover?
Virginia law allows injured victims to recover damages for both economic and non-economic losses. This includes:
- Economic damages: medical costs, rehabilitation expenses, lost wages, and future loss of income.
- Non-economic damages: pain and suffering, emotional distress, and diminished quality of life.
- Property damage: repairs or replacement costs under uninsured motorist property damage coverage and collision coverage.
- Wrongful death damages: in fatal accidents, surviving family members may pursue compensation for loss of companionship, funeral expenses, and other losses.
Common Challenges in Uninsured or Underinsured Motorist Claims
- Disputes over liability and fault
- Insurance companies minimizing medical treatment or future care needs
- Delays in payment or denial of legitimate claims
- Low settlement offers that don’t reflect long-term losses
These challenges underscore the risk of going through the process without legal support.
What If the Other Driver Is Underinsured?
Sometimes, the at-fault party has car insurance, but not enough to cover the full extent of your damages. In this case, your underinsured motorist coverage helps bridge the gap. For example, if the underinsured driver’s policy covers $25,000 but your medical costs total $100,000, you would have the at fault party’s policy coverage plus the coverage available under your underinsured motorist policy limits. This can make a significant difference in ensuring fair compensation.
How Virginia’s Contributory Negligence Law Affects Your Claim
Virginia follows a strict contributory negligence rule, which means if you are found even 1% at fault, you may be barred from recovery. This harsh standard makes it essential to gather strong evidence and work with an attorney experienced in car accident injury Virginia cases.
How an Experienced Car Accident Lawyer Can Help
An attorney provides critical support by:
- Investigating the accident thoroughly and gathering evidence
- Working with medical professionals to document injuries and medical attention
- Discussing your case with you so you understand the legal and factual issues that affect the value of your case
- Negotiating with insurance adjusters for fair compensation
- Filing suit if necessary to protect your rights
- Handling uninsured underinsured motorist coverage disputes that require detailed legal strategy
With deep experience in personal injury law, a lawyer can help level the playing field against insurance companies.
Protecting Your Rights After an Uninsured Driver Accident
Being injured by an uninsured driver in Virginia can create uncertainty, but uninsured underinsured motorist coverage offers critical protection. By acting quickly, documenting your injuries, and working with an experienced attorney, you can recover damages and pursue the compensation you need to move forward.
At Renfro & Renfro, we are committed to standing by Virginia accident victims and ensuring their rights are protected. If you’ve been hurt in an accident with an uninsured or underinsured driver, contact us today to discuss your case and take the first step toward protecting your future.
FAQs About Accidents With Uninsured or Underinsured Drivers in Virginia
Do I have to sue the uninsured or underinsured driver directly?
Often, you pursue compensation through your uninsured underinsured motorist coverage, but your lawyer can advise whether additional legal action against the driver for an amount over your policy coverage is practical.
Does personal injury protection apply in Virginia?
Virginia does not require personal injury protection (PIP) like some states, but your uninsured underinsured motorist coverage serves a similar role in covering medical treatment and lost wages. PIP provides payment of medical expenses and lost wages as the occur, uninsured underinsured motorist coverage pays in a lump sum at the time of settlement or verdict.
Can I stack uninsured underinsured motorist coverage across multiple vehicles?
Yes. Virginia’s insurance laws allow for stacking policies, but it may depend on the specific terms of your policy..
How long do I have to file an uninsured motorist claim in Virginia?
Virginia’s statute of limitations for personal injury claims is generally two years, but you should notify your insurance company of the accident as soon as possible to protect your rights to recover your UIM coverage.
What if the uninsured or underinsured driver was also reckless or drunk?
This may strengthen your case against the at fault party, but your best option for recovery usually remains your uninsured underinsured motorist coverage.
