Richmond Uninsured Motorist Accident Lawyer

Since July 1, 2024, Virginia no longer lets drivers pay the DMV a fee instead of buying insurance, yet the call you got from the other driver’s insurer still said “no active policy.” Now the company expected to pay for your injuries is your own, and it is weighing your claim with the same caution it would give a stranger’s. That shift catches people off guard. Serving Richmond since 1972, the Richmond car accident lawyers at Tronfeld West & Durrett know how to press a policyholder’s own carrier to pay what it promised, with no fee unless we win.

Free Consultation With a Richmond Uninsured Motorist Attorney

A short phone call is enough to see whether your uninsured motorist (UM) coverage applies and how much of it is available. It helps to have these in front of you:

• Your auto policy’s declarations page. It lists your UM and underinsured motorist (UIM) limits and shows whether anyone in your household signed a form reducing them.
• Any denial or “no coverage” letter. A letter from the other driver’s insurer refusing coverage can make that driver “uninsured” under Virginia law even when a policy exists.
• Other policies in your household. Coverage on a spouse’s car, or on a relative you live with, may also protect you.
• How and when the crash was reported. Especially in a hit-and-run, the timing of your call to police or to your insurer matters.

Our attorneys are Virginia-born and raised, and five decades of claims against insurers have shown us that most UM files are won or lost on paperwork people never think to request.

For answers to your questions about a uninsured motorist accident in Richmond, call:
800-321-6741

How Our Richmond Uninsured Motorist Accident Lawyers Can Help You

Uninsured motorist claims follow a set of rules found almost nowhere else in Virginia law. Here is the work our team does on them:

1. Confirm the driver counts as uninsured. A policy that exists but was cancelled, denied for non-cooperation, or does not list the vehicle involved can still qualify the crash for UM benefits. We press the other insurer for a written position so your own coverage is triggered cleanly.
2. Map every policy that owes you coverage. Virginia sets an order of payment: the policy on the car you were in pays first, then a policy where you are a named insured, then one where you are covered as a household member. We line them up in that order so no layer is missed.
3. File against John Doe when the driver fled. In a hit-and-run accident, Virginia allows a lawsuit against the unknown driver as “John Doe,” with your own insurer served as though it were a party.
4. Serve your UM carrier in every lawsuit. When the at-fault driver is known but uninsured or underinsured, the statute requires that your insurer be served with the suit. Skipping that step can jeopardize the coverage.
5. Handle your own insurer’s adjuster. Your policy requires cooperation, but it does not require you to give a statement that undercuts your claim. We manage those requests the way we would with any adverse insurer, and the realities of dealing with insurance companies after a Virginia car accident apply just as much when the carrier is yours.
6. Hold the carrier to its duty of good faith. Virginia law gives injured policyholders a remedy when a UM carrier refuses a reasonable settlement without good reason, and we build the record for that remedy from the first letter.

The firm’s case results include recoveries where finding the right coverage was the turning point, and we are glad to discuss them with you in a free consultation.

Virginia’s UM and UIM Rules After the 2024 and 2025 Changes

Virginia’s uninsured motorist law has changed several times in the last few years, and the version that applies depends on your policy dates.

Paying a Fee Instead of Insurance Ended in 2024

Until mid-2024, a vehicle owner could pay a $500 uninsured motor vehicle fee to register a car without insurance, and paying it provided no coverage to anyone that driver hurt. The Virginia DMV announced that effective July 1, 2024, the fee option was eliminated and every registered vehicle must carry a policy meeting the state’s liability limits. People still drive without coverage, so UM claims have not gone away.

Higher Minimum Limits in 2025

Under Va. Code § 46.2-472, policies effective on or after January 1, 2025 must carry bodily injury limits of at least $50,000 for one person and $100,000 for everyone hurt in the same crash, plus $25,000 for property damage. Your UM limits generally match your liability limits unless a named insured lowered them in writing, and they cannot go below those minimums.

Underinsured Coverage That Stacks on Top

Va. Code § 38.2-2206 now says your underinsured coverage pays in addition to whatever the at-fault driver’s policy pays, not reduced by it, unless someone named on the policy chose in writing to have it reduced. In plain terms, if the driver who hit you carries $50,000 and your UIM limit is $100,000, you may be able to reach both. Policies issued or renewed after July 1, 2025 must include a boldface notice explaining that choice.

We can check which version of these rules governs your policy during a free consultation.

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When a Richmond Crash Becomes an Uninsured Motorist Claim

UM coverage is broader than most people expect. It applies to far more than the driver with no policy at all:

• The driver had no insurance. The most familiar situation, and one that can follow any crash on Broad Street, Chamberlayne Avenue, or Jefferson Davis Highway (US-1).
• The driver’s insurer denied coverage. A carrier that refuses to cover its own driver, for any reason, makes that vehicle uninsured under the statute.
• The driver fled. A vehicle whose owner and operator are unknown is treated as uninsured, which makes UM the main source of recovery after a hit-and-run at the I-64 and I-95 interchange or on a dark side street.
• No contact, but a driver forced you off the road. A “phantom” vehicle that caused the crash without touching you can qualify, as long as the crash was reported promptly to the police or to your insurer.
• The driver’s limits were too low. A minimum-limits policy can be used up quickly by a serious injury, and your UIM coverage picks up where it stops.
• You were walking or riding a bike. UM coverage follows you and your resident relatives even when you are not in a car, which matters for a pedestrian accident with an uninsured driver.

In hit-and-run and phantom vehicle cases, a 911 recording can prove when you reported the crash. Richmond’s emergency communications department keeps 911 call audio for 180 days, and we request it early for that reason.

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Injuries in Richmond Uninsured Motorist Crashes

An uninsured driver’s crash is no gentler than anyone else’s, and the injuries determine how much of your UM and UIM coverage is needed. We regularly see:

• Traumatic brain injuries. Including concussions that surface as headaches, memory lapses, or mood changes in the weeks after the crash.
• Spinal cord damage. From herniated discs pressing on nerves to cord injuries with lasting loss of function.
• Fractures. Arms, legs, ribs, and pelvis, often requiring surgery and months of therapy.
• Internal organ injuries. Bleeding and organ damage that may not be obvious at the scene.
• Paralysis. Life-changing injuries that can exhaust every available policy.
• Fatal injuries. UM coverage can also respond to a family’s wrongful death claim.

Because a minimum-limits policy runs out quickly, we document every injury from the first appointment and use medical and economic experts to show the full value when the claim is larger than the coverage.

Compensation Available After an Uninsured Motorist Accident in Richmond

Your UM carrier pays what you are “legally entitled to recover” from the uninsured driver, up to your limits. That means the damages are the same ones you could win against any other at-fault driver.

Economic Damages

Medical bills, including future treatment your doctors expect you will need, wages lost while you recover, and reduced earning ability if the injury limits your work. When the damages exceed the at-fault driver’s coverage, what happens when a car accident exceeds insurance limits depends on your UIM coverage and how it was written.

Non-Economic Damages

Pain, emotional distress, inconvenience, and loss of enjoyment of life. These losses are part of what you are legally entitled to recover, so they are part of what your UM carrier owes, even though the carrier is your own.

Property Damage Under Your UM Coverage

The statute requires at least $20,000 of UM property damage coverage. When the other driver cannot be identified, the policy may exclude the first $200 of the loss, which works like a deductible.

A Tronfeld West & Durrett attorney can go through each category with you at no cost and explain which ones your policy is likely to cover.

Liability and Virginia’s Contributory Negligence

A UM claim is still a fault case. Your carrier only owes what you could have won against the uninsured driver, so you have to prove that driver was negligent. When you sue, your insurer can defend in the driver’s name and raise any argument that driver could raise, including that you were partly to blame.

That argument carries real weight in Virginia, which still follows pure contributory negligence. A policyholder found even 1% responsible for the crash can lose the entire claim, and your own insurer can use that rule just as a stranger’s insurer would. The rules of contributory negligence in Virginia are why we gather the police report, witness statements, and scene evidence as early as possible, the same way we would against a stranger’s insurer. The first days after a crash are when that evidence is easiest to secure, which is why speaking with a Virginia attorney early matters.

Why Choose Tronfeld West & Durrett?

Personal injury attorney Grayson Smith represents injured Virginians against the insurers on the other side of their claims, including their own. Here is her perspective on uninsured motorist claims in Richmond:

“People are surprised when their own insurance company starts acting like an opponent, but in a UM claim it steps into the uninsured driver’s shoes. I start by reading every policy in the household, because the coverage that decides the case is often on a car that was not even in the crash. Then I make sure the carrier is served and the evidence is locked down, so the company cannot use a procedural slip to avoid paying what the policy promised.”

Do You Have a Claim?

• The other driver’s insurer told you there was no policy, or sent a letter denying coverage.
• A driver hit you and drove away, or ran you off the road without making contact, and you reported it to police.
• Your medical bills and lost income already exceed the at-fault driver’s policy limits.

What Cases Like Yours Have Recovered

The firm secured a $675,000 settlement for a 14-month-old who suffered a severe traumatic brain injury when a flatbed tow truck struck the family’s minivan. The truck was not listed on the tow company’s commercial policy, so our attorneys filed a declaratory judgment action to establish whether coverage existed, and finding that insurance was key to resolving the case. In another case, a Virginia resident and Navy ensign struck while walking home by a hit-and-run driver received an $85,000 settlement after the firm sued the unknown driver as John Doe in Henrico County.

If an uninsured, underinsured, or unknown driver hurt you, we would be glad to review your policy and your options.

Meet Your Personal Injury Attorneys

Jay Tronfeld

 

Elizabeth West

 

David Durrett

 

John Newby

 

Jen Mattingley

 

Joseph Robertson

 

Grayson Smith

Contact a Richmond Uninsured Motorist Accident Lawyer

When your own insurer becomes the company you have to convince, you need someone who reads the policy the way the carrier does. Our office on West Broad Street is close to the roads where these crashes happen.

Tronfeld West & Durrett has the reach of a firm that has taken on insurers across Virginia for decades and the feel of a practice where your attorney knows your file. Contact Tronfeld West & Durrett for a free consultation, and we will tell you plainly what your coverage should pay.

FAQs About Richmond Uninsured Motorist Accident Cases

Can you sue your own uninsured motorist carrier?

In most Virginia UM cases, you sue the uninsured driver, or “John Doe” if the driver is unknown, and serve your own insurer with the suit. The insurer then defends the case in the driver’s name, and a judgment can be collected from your UM coverage up to its limits. If the carrier refuses a reasonable settlement in bad faith after you are legally entitled to recover, Va. Code § 8.01-66.1 allows an additional award of up to double the judgment, capped at $500,000, plus attorney fees.

What is the uninsured motorist deductible in Virginia?

The UM statute allows one: when the driver who caused the damage cannot be identified, the policy may exclude the first $200 of property damage. Your policy may have other terms, such as a collision deductible if you use collision coverage instead, so it is worth reviewing both.

Is it worth suing an uninsured motorist?

Usually yes, because the lawsuit is the path to your own UM coverage, even if the driver has little to collect. The driver may also be personally responsible for the judgment, and insurers that pay UM claims can pursue the uninsured driver for reimbursement.

Do I have to report a hit-and-run to use my UM coverage?

If the other vehicle never touched you or your car, the statute requires that the crash be reported promptly to your insurer or to a law-enforcement officer in the city or county where it happened. Reporting every hit-and-run right away, even when there was contact, is the safest practice.

How long do I have to file an uninsured motorist claim in Virginia?

You generally have two years from the collision to sue for your injuries, per Va. Code § 8.01-243. A John Doe suit filed in time can pause that clock for a claim against the driver if the driver is later identified, but your policy also has notice requirements, so the deadline to file a car accident claim is only one of the dates to watch.

Call or text 800-321-6741 or complete a Free Case Evaluation form