Getting into a car accident is stressful, but when you discover the at-fault driver has no insurance, it adds a layer of uncertainty. If you were hit by an uninsured driver, you may be wondering how you will pay for your medical expenses, lost wages, and vehicle repairs. Fortunately, you have options for seeking compensation, and understanding them is the first step toward recovery.
Immediate Steps to Take After an Accident with an Uninsured Driver
What you do immediately following a
car accident with an uninsured driver can significantly impact your ability to recover damages. Protect your rights by taking these steps:
- Call the Police: An official police report is crucial. It documents the crash details and confirms the other driver's lack of insurance, which is vital for your claim.
- Gather Evidence: If you are able, take photos of the accident scene, vehicle damage, and any visible injuries. Exchange contact information with the other driver and any witnesses.
- Seek Medical Attention: Prioritize your health. Some serious injuries are not immediately apparent, and having medical records creates a direct link between the accident and your injuries.
- Notify Your Insurance Company: Report the accident to your insurer as soon as possible. You will need to file a claim under your own policy to access your uninsured motorist coverage.
How to Get Compensation After Being Hit by an Uninsured Driver
While the at-fault driver is still legally responsible for your damages, collecting from them directly is often impossible since drivers who can't afford insurance rarely have assets to cover a lawsuit. Instead, your primary source of compensation will likely come from your own auto insurance policy.
1. File a Claim with Your Uninsured Motorist (UM) Coverage
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is designed specifically for this situation. If you were
hit by an uninsured driver, your UM coverage steps in to pay for medical bills, lost wages, and pain and suffering, up to your policy limits. In a similar vein, UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover all your damages.
In Virginia, having UM/UIM coverage is essential, as at least
10% of drivers are uninsured. This coverage protects more than just the policyholder; it typically also covers:
2. Use MedPay or Health Insurance
Your auto policy may include Medical Payments (MedPay) coverage, which helps pay for medical expenses for you and your passengers, regardless of who was at fault. Your personal health insurance can also be used to cover medical treatment resulting from the accident.
3. Sue the At-Fault Driver Directly
Filing a personal injury lawsuit against the uninsured driver is another option. However, this is often a last resort. If the driver lacks insurance, they likely do not have the financial assets to pay a judgment. An experienced attorney can help you determine if a lawsuit is a viable path for recovering damages in your specific case.
Frequently Asked Questions About Uninsured Driver Accidents
Navigating the aftermath of an
accident with an uninsured driver can be confusing. Here are answers to some common questions.
What happens when an uninsured driver hits you?
When an uninsured driver hits you, your primary source for compensation is typically your own auto insurance policy. You can file a claim under your Uninsured Motorist (UM) coverage for medical bills, lost wages, and other damages. You can also use MedPay or health insurance for medical costs. While suing the driver is an option, collecting money from them is often challenging.
What happens if an insured driver hits an uninsured driver?
If you are an insured driver and cause an accident with an uninsured driver, your liability insurance will cover the injuries and property damage of the uninsured driver and their passengers. The fact that they are uninsured does not prevent them from filing a claim against your policy. However, the uninsured driver will still face legal penalties in Virginia for driving without insurance, such as fines and license suspension.
Do I have to pay if I hit an uninsured driver?
Yes, if you are at fault for the accident, you (and your insurance company) are responsible for the other driver's damages, even if they are uninsured. Your liability coverage is there to pay for accidents you cause. The other driver’s insurance status does not change your legal responsibility if you were negligent.
How much UM/UIM coverage should I have?
While Virginia has minimum liability requirements, these are often insufficient for a serious accident. Experts typically recommend carrying UM/UIM coverage with limits of at least $100,000 per person and $300,000 per accident. Given the high costs of medical care, a policy of $250,000 or higher can provide a crucial financial safety net.
Why You Need a Lawyer After an Accident with an Uninsured Driver
When you're
hit by an uninsured driver, you might assume your insurance company will make things easy since you're filing a claim with them. Unfortunately, that's not always the case. Your insurer may try to minimize your payout to protect their bottom line. A skilled
car accident lawyer becomes your advocate.
Your attorney will handle all communications and complex negotiations with the insurance company, investigate the accident to build a strong case, and ensure all your damages are properly calculated. This allows you to focus on your recovery while a professional fights to secure the fair compensation you deserve.
How Tronfeld West & Durrett Can Help
If you have been involved in a Virginia
auto accident with an uninsured driver, having an attorney from Tronfeld West & Durrett by your side can make a significant difference in your future. We will protect your rights and work aggressively on your behalf to secure an equitable settlement for your injuries and losses. We will answer your questions and help you determine the best path forward.
Contact Tronfeld West & Durrett today for the assistance you need.
