What Happens If an Uninsured Driver Hits You in Virginia?

Getting into a vehicle collision in Richmond, Fairfax, or anywhere in Virginia is incredibly stressful, but discovering the at-fault party has no liability coverage adds a distinct layer of financial uncertainty. Victims often ask what happens if an uninsured driver hits you regarding medical bills and vehicle repairs. If you were hit by uninsured driver negligence, you may be wondering how you will pay for your emergency room visits, lost wages, and property damage. Fortunately, under the Code of Virginia and standard insurance regulations, you have specific options for seeking compensation, and understanding them is the first step toward recovery.

Immediate Steps to Take After an Accident with an Uninsured Driver

The actions you take immediately following an accident with uninsured driver involvement can significantly impact your ability to recover financial damages. Because accidents caused by uninsured motorists can lead to complex legal battles, you must protect your rights by taking specific steps.

Call the Police

An official police report from the Virginia State Police or local law enforcement is crucial. It documents the crash with uninsured driver details and confirms the other party's lack of insurance, which is vital for your subsequent claims.

Gather Evidence

If you are physically able, take photos of the scene, vehicle damage, and any visible injuries. Exchange contact information with the other party and any witnesses. Knowing what to do if an uninsured driver hits you involves securing proof before leaving the scene.

Seek Medical Attention

Prioritize your health by visiting a hospital or urgent care center. Some serious injuries are not immediately apparent, and having medical records creates a direct link between the uninsured motorist accident and your physical condition.

Notify Your Insurance Company

Report the incident to your insurer immediately. You will need to file a claim under your own policy to access your coverage. Many policyholders simply do not know what to do if hit by an uninsured driver until they speak with their agent.

How to Get Compensation After Being Hit by an Uninsured Driver

While the at-fault party is legally responsible for your damages, collecting from them directly is often impossible since individuals who cannot 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 in Virginia, your UM coverage steps in to pay for medical bills, lost wages, and pain and suffering, up to your policy limits. Because what happens if an uninsured driver hits you can be financially devastating, this coverage acts as a critical safety net. In Virginia, having UM/UIM coverage is essential, as a significant percentage of motorists are non-compliant with insurance laws. This coverage protects more than just the policyholder; it typically also covers:

• You as a passenger in someone else’s vehicle.
• You as a pedestrian or bicyclist involved in a car accident with uninsured driver negligence.
• Incidents involving a hit-and-run accident
• Family members living in your household.

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 a car accident with an uninsured motorist.

3. Sue the At-Fault Driver Directly

Filing a personal injury lawsuit against the negligent party is another option. However, this is often a last resort. If the defendant lacks insurance, they likely do not have the financial assets to pay a judgment. An experienced attorney at Tronfeld West & Durrett can help you determine if a lawsuit is a viable path for recovering damages.

Frequently Asked Questions About Uninsured Driver Accidents

Navigating the aftermath of a car accident with uninsured driver liability issues can be confusing. Here are answers to common questions we receive.

What happens when an uninsured driver hits you?

What happens when an uninsured driver hits you depends largely on your own insurance policy limits. Typically, you will file a claim against your own UM coverage to pay for bodily injury and property damage. While you have the right to sue the at-fault party, your own insurer usually handles the payout and may subrogate against the other driver later.

What happens if an uninsured driver hits my car?

Property damage is a major concern. Your collision coverage or UM property damage coverage will pay for repairs, usually subject to a deductible. The standard $200 deductible applies in many Virginia UM property damage claims.

What happens if hit by uninsured driver negligence while I am a pedestrian?

In this scenario, your own auto insurance UM coverage extends to cover your injuries, even though you were not in your car at the time.

What happens if uninsured driver hits you without a license?

The legal consequences for the other party are severe, but for you, the claims process remains similar. What happens if uninsured driver hits you involves relying on your carrier for compensation while the state handles the criminal or traffic violations of the offender.

What to do if hit by uninsured driver and they offer cash?

Never accept a cash settlement at the scene. This often bars you from seeking further compensation for injuries that appear later.

What if an uninsured driver hits me and flees?

This is treated as a hit-and-run, and your Uninsured Motorist coverage applies exactly as if the driver stayed but had no insurance.

I was hit by an uninsured driver; will my rates go up?

In Virginia, your rates generally should not increase if the accident was not your fault, even if you make a claim under your UM policy.

If an uninsured driver hits you, who pays for pain and suffering?

If an uninsured driver hits you, your own insurance company stands in the shoes of the at-fault driver. This means your UM policy pays for non-economic damages like pain and suffering, up to your purchased limits.

If an uninsured driver hits you, do you pay a deductible?

Financial recovery can be tricky if an uninsured driver hits you regarding property damage. You may have to pay a deductible for your vehicle repairs, but your insurer might waive it if they successfully identify the uninsured party.

What happens if you get hit by an uninsured driver as a passenger?

What happens if you get hit by an uninsured driver while riding in a friend's car is that the host vehicle's insurance is primary. If that limit is exhausted, your own auto insurance may act as secondary coverage.

What happens when uninsured driver hits you with low limits?

Your UIM coverage bridges the gap between their low limits and the full value of your claim.

What happens if I get hit by an uninsured driver in a rental car?

What happens if I get hit by an uninsured driver in a rental vehicle usually involves a combination of the rental company’s waivers (if purchased) and your personal auto insurance policy.

Scenarios Involving Insured Drivers and Liability

Confusion often arises when the roles are reversed or complex liability exists.

What happens if you hit an uninsured driver?

It is important to understand what happens if you hit an uninsured driver when you are at fault. Your liability insurance will cover the injuries and property damage of the uninsured person. Their lack of insurance does not absolve you of negligence.

What happens if you hit someone with no insurance?

Similarly, what happens if you hit someone with no insurance is that they can still file a claim against you. However, they may face separate legal penalties from the Commonwealth of Virginia for operating a vehicle without financial responsibility.

Why You Need a Lawyer After an Accident with an Uninsured Driver

When you endure an accident with uninsured driver complications, you might assume your insurance company will make things easy since you are their customer. Unfortunately, that is not always the case. Your insurer may try to minimize your payout to protect their bottom line. A skilled uninsured driver accident lawyer becomes your advocate. A legal professional knows what happens if an uninsured driver hits you within the specific context of Virginia case law. Your attorney will handle all communications and complex negotiations with the insurance company, investigate the accident with uninsured driver facts 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 hit by uninsured driver negligence in Virginia, having a car accident attorney from Tronfeld West & Durrett by your side can make a significant difference in your future. We understand the nuances of what happens if an uninsured driver hits you and how to navigate the claims process effectively. 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 us today for the assistance you need.