Richmond Uninsured Driver Accident Lawyers
Navigating the aftermath of a car accident is challenging enough. When the other driver is uninsured, you might feel especially uneasy about who is going to cover your medical expenses, make up for your loss of income, repair your vehicle, and compensate you for your pain and suffering and the countless other ways this crash has affected you. This is not just an academic question, either; in Virginia, over one in ten vehicles on the road is uninsured. If you find yourself in such a situation, it’s vital to understand the available options and what Virginia’s laws have to say on the matter.
The Richmond personal injury law firm Latham & Martin can guide you through this complex legal process. Learn more below about accidents involving drivers who don’t have insurance. For immediate assistance, call Latham & Martin for a free consultation with a skilled and knowledgeable Richmond uninsured driver accident lawyer.
Dealing with Uninsured Drivers: What to Do
If you’ve been involved in an accident with an uninsured driver, it’s crucial to follow these steps:
- Contact the Police: Always report the accident to ensure there’s an official record.
- Gather Information: Collect the other driver’s information and document the scene.
- Notify Your Insurance Company: Explain the situation to your insurance provider, including the lack of the other driver’s insurance.
- Seek Legal Advice: Consult a personal injury attorney to explore your legal options, especially if injuries or significant damage occurred.
Virginia’s Auto Liability Insurance Laws
Virginia law requires all drivers to carry auto liability insurance, with the following minimum coverage:
- Bodily Injury: $30,000 per person and $60,000 per accident ($50,000 per person and $100,000 per accident starting in 2025).
- Property Damage: $20,000 per accident ($25,000 per accident starting in 2025.
- Uninsured Motorist Coverage: Equal to the bodily injury limits unless declined in writing.
Unlike most other states, drivers in Virginia can lawfully drive without liability insurance, provided they paid the applicable uninsured motor vehicle fee to the DMV. These drivers are personally responsible to pay for the damages they cause in an accident. However, collecting significant compensation from an individual can be a challenge, which is why many drivers choose to add Uninsured Motorist coverage to their policies.
Uninsured Motorist (UM) coverage is designed to protect you if the other driver is uninsured or underinsured. Over ten percent of drivers in Virginia lack insurance, and many who are insured only carry the minimum amounts required by law. UM/UIM coverage can be a lifeline in a challenging situation, providing necessary financial support.
Pursuing an Uninsured Motorist/Underinsured Motorist Claim
In Virginia, an uninsured motorist (UM) claim or an underinsured motorist (UIM) claim can be made against your insurance policy if the other driver lacks adequate coverage. This process can be complicated, and having a personal injury attorney on your side may be necessary to ensure you receive fair compensation. An experienced attorney can help:
- Evaluate Your Claim: Assess the extent of injuries and damages. Insurance adjusters are inclined to minimize the damage to lessen their financial liability.
- Negotiate with Insurance: Skillfully navigate the discussions with your insurance provider. Insurers have been known to drag out the claims process to wear down the insured, including making multiple requests for documentation or sending the accident victim to company doctors.
- File a Lawsuit if Necessary: Take legal action if the insurer is uncooperative. Just because you are dealing with “your” insurance company does not guarantee they will treat you right. An experienced car accident lawyer can help you understand whether the amount they are offering is fair and whether the arguments they are making would hold up in court.
What if the Injury Victim Was Uninsured?
If you were not carrying insurance when you got hit, you might be concerned about how this fact could affect your claim. Some states enforce “no pay, no play” laws, restricting uninsured drivers from claiming certain damages if they are involved in an accident. Fortunately, Virginia does not have such a law in place, allowing more flexibility and opportunities for justice for accident victims.
Contact Latham & Martin Today
Dealing with an uninsured driver or your insurance company after an accident can be stressful and complicated. By understanding the laws in Virginia and seeking the assistance of an experienced personal injury law firm like Latham & Martin, you can navigate this difficult situation with confidence.
Latham & Martin stands ready to assist Richmond residents in a wide range of personal injury cases, including those involving uninsured or underinsured drivers. Reach out to us for a comprehensive evaluation of your unique situation and trusted legal support.
