What Happens If I Am in An Accident With An Uninsured Driver?
If you were in a car accident caused by another driver, only to find the driver has either no car insurance or inadequate car insurance you may be wondering how your medical expenses, lost wages and auto damages will be paid.
What Insurance Covers You After an Accident with an Uninsured Driver?
Uninsured and underinsured motorist coverage plays a crucial role in protecting drivers when the at-fault party lacks sufficient insurance. In most states, uninsured motorist (UM) coverage compensates you if the other driver has no insurance, while underinsured motorist (UIM) coverage steps in when the at-fault driver’s policy doesn’t fully cover your damages. With uninsured driver rates varying by state, having this coverage is essential to avoid financial hardship after an accident.
Uninsured Motorist Coverage in Virginia
Virginia requires drivers to carry only $25,000 in liability coverage, which may not be enough for serious injuries. If the at-fault driver has minimal insurance, your UM/UIM coverage helps pay for medical bills, lost wages, and pain and suffering after their liability coverage is exhausted. However, Virginia’s insurance laws are unique—your insurer must first cover the at-fault driver’s defense before compensating your claim.
Who Does UM/UIM Coverage Protect?
Uninsured motorist coverage doesn’t just apply when you’re driving your own car—it also covers you if:
- You’re a passenger in someone else’s car
- You’re a pedestrian or bicyclist hit by an uninsured driver
- You’re involved in a hit-and-run accident
- Your family members are affected by an uninsured driver
With at least 10% of Virginia drivers uninsured, carrying UM/UIM coverage is a smart way to protect yourself and your loved ones. If you’ve been hit by an uninsured or underinsured driver, contact our legal team today to explore your options for compensation.
Using Your Uninsured/Underinsured Motorist Coverage After an Accident
You will obtain uninsured/underinsured auto insurance from your insurance company; you will choose the amount of coverage you would like/can afford. Typically, people have $50,000 in uninsured/underinsured motorist coverage, although if you have the financial means to do so, $250,000 would not be out of line when you consider how much a serious accident could cost in medical expenses, lost wages, and damages to vehicles. Simply put, you just never know how bad a car collision could be, all the way from a fender bender to a head-on crash that results in life-changing injuries. If you have $250,000 in uninsured/underinsured motorist coverage, then you have a pretty solid “cushion” in the event you are hit by a driver with no insurance or are the victim of a hit and run. Contact your insurance company and ask about uninsured/underinsured motorist coverage to determine how much coverage you can comfortably carry.Applying Your Uninsured/Underinsured Motorist Coverage
Carrying uninsured and underinsured motorist coverage is highly recommended. If an uninsured or underinsured driver causes an accident that injures you or damages your vehicle, your insurance can help cover the costs. If the at-fault driver’s insurance falls short, your underinsured motorist coverage will cover the remaining expenses. Be sure to file your claim promptly and provide proof of injuries and damages. If your insurance company undervalues your claim, consider consulting a car accident attorney who can negotiate on your behalf and ensure you receive fair compensation.How is an Auto Accident Different if I Was Hit by an Uninsured Driver?
There are some ways that an auto accident is similar whether an insured driver or an uninsured driver hits you, but in other ways, they are significantly different. The negligent driver is at fault, whether he or she has insurance or not. However, establishing fault and actually receiving compensation can be two very different things when the driver who hit you is uninsured. If the driver is totally uninsured, he or she may receive a citation and could experience some negative consequences such as losing his or her license, registration, and license plates for a period of time. These consequences, however, have little to do with you and your injuries. If you carry uninsured/underinsured coverage, then you will file under your own insurance, but only up to the limit you carry. If you do not have uninsured motorist coverage, your only other option is to personally sue the at-fault driver. Generally speaking, drivers who are unable to afford auto insurance would rarely have sufficient assets to make a lawsuit worthwhile.What Happens If an Uninsured Driver Hits You?
Getting hit by an uninsured driver can leave you wondering how to recover damages. In Virginia, where drivers can legally opt out of insurance by paying an uninsured motorist (UM) fee, these accidents are more common than you’d expect. Fortunately, you still have options for covering medical bills, lost wages, and other expenses.
Steps to Take After an Accident with an Uninsured Driver
- Call the Police – A report documents the crash and the driver’s lack of insurance.
- Gather Evidence – Take photos, get witness statements, and exchange information.
- Seek Medical Attention – Some injuries take time to appear; medical records help your claim.
- Notify Your Insurance – File a claim under your uninsured motorist (UM) coverage if available.
How to Recover Compensation
- Uninsured Motorist (UM) Coverage – If you have UM coverage, your insurance steps in to cover damages.
- MedPay or Health Insurance – MedPay (if included in your policy) or health insurance can cover medical costs.
- Sue the Driver – Legal action is an option, but uninsured drivers often lack the assets to pay damages.
Why You Need a Lawyer
A Virginia car accident lawyer can negotiate with your insurer, explore all legal options, and ensure you receive the maximum compensation.