Uninsured drivers present a specific risk to others on the highway. This specifically holds true where an uninsured motorist negligently causes injury or even death to another person. Virginia law does provide a remedy against uninsured drivers. Fortunately, we as consumers have options in protecting ourselves as well.

Uninsured Motorist Claims

Most people understand the need for auto insurance.  You simply must have it, both to protect yourself and as a means of responsibility toward other drivers.  It's one of those necessities that we have, but hopefully will never have to use.

Uninsured Drivers - More Common Than You Might Think

Surprisingly, Virginia law does not require drivers to carry auto insurance. There are many uninsured motorists on the road driving with full knowledge that they lack coverage.  There are also drivers who accidentally let their coverage lapse due to nonpayment of premiums, etc.  Thus, whether by choice or through mistake, uninsured motorists are out there.

For those who have insurance, the minimal limit is incredibly low (just $25,000.00 per injury).  In many cases, this won't even cover a hospital stay.  So, we're faced with a second problem of drivers who have insurance, but not nearly enough to cover a serious injury.  These drivers are often referred to as "underinsured motorists."

Maybe you've been hurt by an uninsured driver.  We've certainly identified the problem.  Now, what can you do about it? 

The Virginia Solution -- Uninsured Motorist Coverage

You have options. There is a legal remedy for those seriously injured by an uninsured motorist.

Take a minute to review your policy. It should contain uninsured motorist coverage, commonly known as UM coverage. As the name suggests, this coverage applies when you're injured by an uninsured or underinsured driver.

You can file a claim against your own insurance company.  The insurer, in turn, is allowed to step into the other driver's shoes and take all legal action to defend the claim. In this way, your insurance company is free to act on behalf of the other driver and defend against your claim. 

So, your injury case doesn't get any easier just because it's against your own company.  In fact, in some respects it can be more difficult.  Your case remains an adversarial process against the insurance company.  We often have to treat uninsured motorist cases more aggressively when dealing with our client's own insurance company.  If they refuse to be fair, we'll not hesitate to pursue your case in court.  Though the insurance company may differ, the case fundamentals remain the same. 

Nonetheless, UM coverage is a positive consumer remedy.  When buying auto insurance, we recommend that our clients purchase the highest amount possible as protection against catastrophic injury or even death caused by an uninsured driver.

Questions?  Call us.  You can schedule a free consult.  We'll be happy to discuss matters with you personally.

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Library for Uninsured Motorist Claims:

  • Sour Economy Causes Increase in Uninsured Motorists on Virginia Roads   
    Description: Tough economic times will lead to an increase in the number of uninsured motorists on Virginia highways according to a study by the Insurance Research Council (IRC). This is a problem for responsible motorists who pay for auto insurance because serious auto accidents with uninsured motorists leave the responsible motorists footing the bill. Not only that, but the number of underinsured motorists will rise as well, as people with insurance look for ways to cut costs.
  • The Impact of Uninsured Motorists   
    Description: Auto accident cases involving uninsured negligent motorists can be very tricky, and are often more challenging than auto accidents involving an insured negligent motorist. If you or someone you love has been injured in an auto accident with an uninsured motorist or a hit and run driver, then you’ll want an experienced attorney on your side to fight for your rights. The attorneys at Dulaney, Lauer & Thomas have experience dealing with uninsured motorist claims, and will work with you to ensure that you get the compensation you deserve.

    • View All

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