Not all drivers in Virginia are covered by car insurance. This is a little-known fact about Virginia insurance law, so it is very possible for you to get into a catastrophic accident with an uninsured driver. (Of course, drivers can’t simply drive uninsured in Virginia. If a driver wants to forgo car insurance, they must register and pay a yearly fee.)
In personal injury law, accidents with uninsured/underinsured drivers can be devastating physically and financially. You will most likely recover compensation from your own insurance. In some instances, an accident victim may be unable to recover meaningful compensation after an accident with an uninsured driver. However, a personal injury attorney can help you explore all your options and can help you get the most money after a car accident.
In this page, we’ll explore what you should know about Virginia personal injury and how car insurance works. Plus, we’ll talk about how a Virginia uninsured accident lawyer can find all liable parties.
5 Things All Virginia Car Accident Victims Should Know
If you are a victim in a car accident in the state of Virginia, here are 5 things you should know.
#1. Virginia is an at-fault state, meaning that the driver who is found to be at fault for the accident is responsible for covering the damages and injuries caused.
#2. Virginia law requires drivers to carry minimum liability insurance coverage of $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people, and $20,000 for property damage. These minimums are in effect until December 31, 2024, when they will increase to $50,000 for bodily injury or death of one person, $100,000 for bodily injury or death of two or more people, and $25,000 for property damage.
#3. Car accident victims in Virginia have a limited amount of time to file a personal injury lawsuit, known as the statute of limitations. In Virginia, the statute of limitations for personal injury cases is two years from the date of the accident.
#4. Virginia operates under a “contributory negligence” system, which means that if a victim is found to have contributed to the accident in any way, they may not be able to recover any compensation.
#5 In Virginia, you are required to file a police report within 24 hours if there are any injuries, fatalities, or if there was any property damage.
How Car Insurance Works in Virginia
Virginia requires drivers to carry minimum liability insurance coverage. Liability insurance covers damages or injuries that you cause to other drivers or their property in an accident where you are found to be at fault.
As of Jan. 1, 2022 through December 31, 2024, Virginia law requires drivers to carry the following minimum liability insurance coverage:
- $30,000 for bodily injury or death of one person
- $60,000 for bodily injury or death of two or more people
- $20,000 for property damage
Those policy minimums increase on January 1, 2025 to the following minimums:
- $50,000 for bodily injury or death of one person
- $100,000 for bodily injury or death of two or more people
- $20,000 for property damage
In Virginia, you can purchase additional coverage that will cover your vehicle in case the other driver is uninsured. Under/Uninsured Motorists coverage (UIM) can cover your injuries and property damage in the event you are injured by another driver without insurance. Drivers in Virginia can pay an Uninsured Motorists Fee and drive completely without car insurance. If you are injured by a driver without insurance, then your UIM coverage will pay for your medical bills and other related expenses up to the limits of UIM coverage you purchased.
It is important to note that the minimums listed above only provide basic protection if you are in a car accident, so it is highly recommended that drivers purchase higher levels of insurance coverage to protect their assets in case of an accident. It’s always a good idea to review your car insurance coverage regularly to ensure that you have sufficient coverage to protect yourself and your assets in the event of an accident.
Virginia Uninsured Car Accident Lawyer Near Me 571-229-1800
Who is at-fault for a car accident in Virginia?
Virginia operates under a pure contributory negligence system, which means that if you are found to have contributed to the accident in any way, you may not be able to recover any compensation for your injuries or damages. (This is different from other states, which may allow for recovery of damages even if the victim was partially at fault for the accident.)
Insurance companies will consider the circumstances surrounding the accident, such as whether proper safety precautions were taken and who had the right-of-way. They might also review physical evidence like skid marks and debris on the road, and examine witness testimony to determine who was negligent or careless in their actions.
If you are involved in a car accident in Virginia, it’s important to seek the advice of an experienced car accident attorney who can help show that you weren’t at fault for the accident. I worked as an insurance company attorney early in my career, and I know that insurance companies use Virginia’s contributory negligence system to show the victim was partially responsible, blocking them from any type of settlement. In accidents involving an uninsured driver where fault is disputed, you should at least contact an attorney and request a free claim review.
Who pays when you are in an accident with an underinsured driver?
In Virginia, the driver who is found to be at fault for a car accident is held liable for any damages or injuries that result from the accident. However, that does not mean the other driver will always pay for your accident and injuries.
For personal injury claim in Virginia, an attorney will first look at the other driver’s insurance coverage. If that coverage is insufficient or they are uninsured, an attorney will then look at YOUR auto insurance policy for underinsured motorist coverage.
Occasionally, clients ask if we can go after the other driver’s personal assets to pay for their injuries and pain and suffering. While that is a possibility, I typically tell clients that it is unlikely they will recoup the full cost of their injuries through the other driver’s personal assets. Unfortunately, few uninsured drivers have personal assets or cash to pay for the injuries they caused. If they rent, have a low-wage job, and drive an older car, then there’s not much for an accident victim to recover.
Overall, while the at-fault driver is ultimately responsible for paying for damages and injuries caused in a car accident in Virginia, insurance companies often play a major role in covering these costs. It’s important for all drivers to carry sufficient insurance coverage to protect themselves and others in the event of an accident.
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What Damages Can I Collect in a Virginia Uninsured Accident Claim?
When you are injured in a car accident, there are certain types of damages you may be able to collect from the at-fault driver. These include compensation for medical expenses, property damage, lost wages, and pain and suffering. However, if the other driver is uninsured, collecting these damages can become complicated.
- Medical Expenses: These are the costs associated with any medical treatment needed in the aftermath of an auto accident. This may include emergency care, hospitalization, doctor visits, physical therapy, and other medical expenses.
- Property Damages: In the event of an at-fault accident, the insurance company will typically pay for damage to your vehicle and any other property damaged as a result of the collision.
- Lost Wages: Victims of car accidents may be unable to return to work for some time due to their injuries or necessary doctor visits. Lost wages refer to the income that would have been earned had the victim not been involved in the car accident.
- Pain and Suffering: This is a type of non-economic damages which covers both physical and mental anguish. It includes compensation for pain resulting from physical suffering, emotional distress, loss of enjoyment of life, disfigurement, disability, and other psychological impacts caused by the car accident.
- Punitive Damages: Driving uninsured isn’t grounds for punitive damages, but reckless or intentional behavior on the part of the at-fault party may be. Punitive damages are meant to punish and deter such behavior, as opposed to compensating a victim for their medical bills or lost wages.
- Wrongful Death: If the accident results in the death of a victim, their surviving family members may be able to file a wrongful death lawsuit. A wrongful death suit allows for compensation for funeral costs, medical bills incurred before the victim’s passing, loss of future earnings and benefits, and other damages related to the deceased’s death.
It is important to understand the different types of damages that may be available to you after an accident. If it is unclear what kinds of damages you can recover after an accident, or the insurance company has said they won’t offer to pay for medical bills, property damages, lost wages, or pain and suffering, then you should contact a Virginia uninsured accident lawyer for a FREE claim review.
How a Virginia uninsured accident lawyer can help with your case
If you have been involved in an uninsured car accident in Virginia, it is important to consult with an experienced car accident lawyer who can help you navigate the legal process and protect your rights. Here are some ways a Virginia accident lawyer can help with your case:
- Investigate the accident: An experienced attorney can conduct a thorough investigation of the accident to determine who was at fault and gather evidence to support your case. This can include interviewing witnesses, reviewing police reports, and examining medical records.
- Evaluate your case: Your attorney can evaluate the strength of your case and help you understand your legal options for recovering compensation. This may include filing a claim with your own insurance company or pursuing legal action against the at-fault driver.
- Negotiate with insurance companies: If you have uninsured or underinsured motorist coverage, your attorney can help you negotiate with your own insurance company to ensure that you receive the maximum amount of compensation available. Your attorney can also negotiate with the at-fault driver’s insurance company if they have coverage.
- Represent you in court: If necessary, your attorney can represent you in court to pursue legal action against the at-fault driver. This can include filing a lawsuit and representing you in court hearings and negotiations.
- Help you recover compensation: An experienced attorney can help you recover compensation for damages such as medical bills, lost wages, pain and suffering, and other related expenses.
Overall, a Virginia accident lawyer can provide valuable guidance and support throughout the legal process to help you recover the compensation you deserve after an uninsured car accident.
You can talk to a Virginia uninsured accident lawyer for FREE! Request a Free Claim Review!
If you have been involved in an accident with an uninsured driver in Virginia, you may be facing a difficult and overwhelming situation. If the other driver lacks insurance coverage, the damages you can recover after an accident may be limited. However, you are still be entitled to compensation for your injuries and losses.
At the Parrish Law Firm, our experienced uninsured accident lawyers can help you navigate the legal process and seek the compensation you deserve. To request a FREE claim review with one of our attorneys, simply give us a call at (571) 253-7182. Myself, or one of our attorneys will discuss your potential case and give you guidance on how to proceed. We understand the challenges you may be facing and we’re committed to helping you seek justice and protect your rights. Contact us today to discuss your case and take the first step towards recovering the compensation you deserve.
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