What If An Uninsured Driver Hits You In Virginia?

Getting into a car accident is a stressful and overwhelming experience, especially if the at-fault driver is uninsured. According to the Insurance Research Council, nearly 10% of Virginia drivers are uninsured, putting you at risk of being involved in an accident with someone who can't cover the damages. Knowing your rights and options for seeking compensation is crucial if you find yourself in this situation. In this blog post, we'll guide you through the steps to take if an uninsured driver hits you in Virginia.

Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Understand Virginia's Car Insurance Requirements

Virginia law requires all drivers to carry a minimum car insurance coverage. The state mandates that drivers have at least $25,000 per person $50,000 per accident in bodily injury, and $20,000 in property damage liability coverage. However, Virginia also allows drivers to pay a $500 Uninsured Motor Vehicle (UMV) fee to the DMV instead of purchasing insurance. While this fee does not provide insurance coverage, it allows the driver to operate a vehicle legally in the state.

As a responsible driver, you must have adequate insurance coverage to protect yourself in an accident. In addition to the minimum requirements, consider purchasing uninsured/underinsured motorist coverage. This coverage can help pay for your medical expenses, lost wages, and other damages if an uninsured or underinsured driver hits you.

Steps to Take After an Accident with an Uninsured Driver

1. Call the Police and File a Report

Immediately after the accident, call the police to report the incident. Having a police report is crucial for documenting the accident and establishing fault. The report will include details about the accident, the parties involved, and any citations issued. Be sure to obtain a copy of the police report for your records.

2. Gather Evidence at the Scene

Collect as much evidence as possible at the accident scene if you're able. Take photos of the damage to both vehicles, the surrounding area, and any visible injuries. Get the contact and vehicle information of the uninsured driver, as well as contact information for any witnesses. This evidence can be valuable when filing an insurance claim or pursuing legal action.

3. Seek Medical Attention

Even if you don't feel injured immediately after the accident, seeking medical attention is essential. Some injuries, such as whiplash or concussions, may not present symptoms until hours or days later. Having a medical record of your injuries can help support your compensation claim. Follow your doctor's treatment plan and keep all medical bills and records.

4. Contact Your Insurance Company

Notify your insurance company about the accident as soon as possible. If uninsured/underinsured motorist coverage, your insurance company can help cover your damages. Provide them with the police report, evidence collected at the scene, and any medical records related to the accident. Your insurance company will investigate the claim and determine the next steps.

5. Consider Hiring a Virginia Car Accident Lawyer

Dealing with the aftermath of a car accident can be complex and overwhelming, especially when an uninsured driver is involved. Hiring an experienced Virginia car accident lawyer can help protect your rights and ensure you receive fair compensation for your damages. A car accident lawyer in Virginia can help you navigate the claims process, negotiate with insurance companies, and pursue legal action if necessary.

FAQs

1. What if the uninsured driver flees the scene of the accident?

If the uninsured driver flees the scene, try to gather as much information as possible, such as the vehicle's make, model, and license plate number. Report the hit-and-run to the police immediately. Your uninsured motorist coverage may still apply, so contact your insurance company.

2. Can I sue an uninsured driver for damages in Virginia?

Yes, you can sue an uninsured driver for damages in Virginia. However, it's important to note that many uninsured drivers may need more financial resources to pay for your damages. In this case, your uninsured motorist coverage can help cover your expenses. A Virginia car accident lawyer can advise you on the best action based on your situation.

3. How long do I have to file a claim after an accident with an uninsured driver in Virginia?

In Virginia, you generally have two years from the accident date to file a personal injury claim against an uninsured driver. For property damage claims, the statute of limitations is five years. However, it's best to consult with a personal injury lawyer in Virginia as soon as possible to ensure your rights are protected and you can meet all critical deadlines.

4. What if the uninsured driver argues the car accident was my fault?

If the uninsured driver claims the accident was your fault, your personal injury attorney in Virginia can help investigate the accident and gather evidence to support your case. Your lawyer can also negotiate with the uninsured driver's legal representation and work to prove that the uninsured driver was at fault.

5. How can a car accident attorney help me after an accident with an uninsured driver?

A car accident lawyer can provide invaluable assistance after an accident with an uninsured driver. They can help you understand your rights, navigate the claims process, gather evidence to support your case and negotiate with insurance companies on your behalf. A personal injury lawyer in Virginia can also represent you in court to fight for the compensation you deserve.

Work with a Virginia Car Accident Lawyer

Dealing with the aftermath of a car accident involving an uninsured driver can be stressful and confusing. By understanding Virginia's car insurance requirements, taking the appropriate steps after the accident, and seeking the help of a skilled Virginia car accident lawyer, you can protect your rights and work towards obtaining the compensation you need to recover from your injuries and damages. Remember, if an uninsured driver has hit you in Virginia, don't hesitate to contact a personal injury lawyer for guidance and support.

Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 540.345.2000 for your free consultation.