Uninsured motorist coverage ("UM coverage") is one of the most misunderstood areas of Virginia law. Though most people have heard the term it's rarely explained correctly, even by insurance agents. Hopefully, we can clarify matters.
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." If you've been hurt by a careless driver having little or no insurance, you have options.
The Virginia Solution - Uninsured Motorist Coverage
Take a minute to review your policy. It should contain UM coverage. Typically, your case is presented against your own insurance company. They, in turn, are allowed to step into the other driver's shoes and take all legal action to defend the claim. In this way, your insurer is free to act on behalf of the other driver and not you. They become adverse. In general, your injury case doesn't get any easier just because it's against your own company and in some respects it can be more difficult. We often have to treat UM cases more aggressively, but the fundamentals remain the same. At all times, you have the absolute legal duty to correctly prove the elements of your case.
In addition to proving your injury case correctly, UM cases require analysis as to whether other insurance policies may also provide coverage for you. The coordination of multiplel policies can be a complex field of law in itself. For these reasons, you may wish to speak with an attorney after being hurt by a careless driver who was uninsured.
When buying auto insurance, we recommend that you purchase the highest amount of UM coverage possible as protection against catastrophic injury or even death caused by an uninsured driver.
Questions? Call us for a free consult. We'll be happy to discuss your options in simple, no-nonsense terms. After decades in practice and a proven track record of success, its the only way we know.
Library for Uninsured Motorist Claims:
Sour Economy Causes Increase in Uninsured Motorists on Virginia Roads 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 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.
