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Uninsured Motorist Claims

Most people understand the need for auto insurance as a means of personal protection in the event of a collision. Drivers also tend to view insurance as a gesture of responsibility toward other motorists. As with other insurance products, auto insurance is one of those necessities that we have, but will hopefully never have to use.

Uninsured Drivers - More Common Than You Might Think

Surprisingly, Virginia law does not require drivers to carry auto insurance. Thus, there are great numbers of uninsured motorists on our highways who drive with full knowledge that they lack coverage. There are likewise great numbers of drivers who accidentally let their coverage lapse due to nonpayment of premiums, etc. Thus, whether by choice or through inadvertence, uninsured motorists are out there.

Even for those persons who carry auto insurance, the minimal limit of coverage is very low (just $25,000.00 of personal injury liability coverage per person, or $50,000.00 per collision). We believe there are an even greater number of insured drivers who opt to carry only this minimal amount of coverage. In accident cases involving serious injury or death, this miniscule coverage amount is clearly inadequate to compensate innocent victims.

These drivers pose a specific threat to other motorists because they simply lack insurance or don't have enough of it. The threat becomes real when they cause accidents involving serious injury or death.

The Virginia Solution -- Uninsured Motorist Coverage

Fortunately, Virginia drivers do have options. There is a legal remedy for those seriously injured by an uninsured motorist.

We recommend that every Virginia driver review their auto insurance policy. It should contain uninsured motorist coverage, commonly known as UM coverage. As the name suggests, this is specific insurance which exists to protect innocent motorists injured by uninsured drivers.

When an uninsured motorist wrongfully causes an accident, Virginia law allows injured drivers to file a claim against their own insurance company (against the UM coverage of the policy). The insurer, in turn, is entitled to step into the uninsured driver's shoes and take all legal action to defend the claim. In this way, an insurance company handling a UM claim is free to act on behalf of the other driver and defend against their own policy holder.

As is apparent, an accident victim's case is not made any easier just because it rests against his/her own insurer. In fact, in some respects it is made more difficult. At all times, an auto accident case remains an adversarial process against the insurance company. Too often, that insurer will refuse to be fair.

We often have to treat uninsured motorist cases more aggressively when dealing with our client's own insurance company. If the insurer refuses to cooperate in a fair manner, we will not hesitate to pursue our client's remedies in the court system. Thus, the adversarial nature of an injury case remains the same when the wrongful driver is uninsured.

Nonetheless, UM coverage is a positive aspect of motor vehicle law and a vital consumer remedy available to Virginia drivers. When buying auto insurance coverage, we recommend that our clients consult with their agents and purchase the highest amount possible as protection against catastrophic injury or even death caused by an uninsured driver.

The Fundamentals Remain The Same

In one respect, uninsured motorist claims are no different from other forms of injury cases. An injured victim typically finds herself pitted in an adversarial process against an insurance company. This opponent is all too often a multinational corporation that is (1) obviously well funded, (2) has access to excellent defense lawyers, and (3) is extremely well versed in handling and defending injury cases.

As attorneys, we believe that our role is vital in representing individuals against corporate insurance entities, advising people fully of their rights and responsibilities, and pursuing a correct and fair case result on behalf of our clients under Virginia law.

Library for Uninsured Motorist Claims:

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.

Frequent Questions for Uninsured Motorist Claims:

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Dulaney, Lauer & Thomas, LLP
98 Alexandria Pike
Suite 11
Warrenton, VA 20186

Phone: 888-907-2631

DULANEY, LAUER &
THOMAS, LLP

Warrenton Office
98 Alexandria Pike
Suite 11
Warrenton, VA 20186
Toll Free: 888.907.2631
Local: 540.349.2631
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Culpeper Office
209 N. West Street
Culpeper, VA 22701
Toll Free: 800.741.1012
Local: 540.825.6046
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