Uninsured Driver Car Accident

When You’re Injured by an Uninsured Driver 

Because Virginia does not require drivers to carry insurance, you may be the victim of an accident with an uninsured driver. Being in an accident is always stressful, but when the person who is at fault isn’t insured, you may be scared about filing a personal injury lawsuit to recover your damages. An experienced Virginia personal injury lawyer can help you understand what steps to take to protect your rights and secure the compensation you deserve if you have been hit by an uninsured motorist. 

Insurance and Virginia Liability

Virginia is one of a few states that do not require all drivers to have auto insurance. Instead of insurance, you can pay an annual fee to waive the requirement to carry it, but you are expected to have the money to pay for an accident if you are at fault. We recommend everyone driving in Virginia carry insurance. 

Fault in Virginia accidents is also unique. Under Virginia law, to be held liable for an accident, you must be found to be 100% at fault for the accident. If you were the victim of an accident and someone else is 100% at fault, you may be able to recover compensation for medical costs and vehicle repairs—even if the other driver didn’t have insurance.

After an Accident with an Uninsured Driver

There are a few steps we suggest everyone take after being involved in an accident with an uninsured driver. These steps can help build a case for a personal injury lawsuit where you can pursue reimbursement of costs for damages related to the accident, including vehicle repairs, medical expenses, and lost wages from missed time at work.

  • Call 911. Report the accident to the police. The police report will be an important piece of evidence in your case.
  • Seek medical attention. We recommend always seeking medical attention after you are involved in an accident, no matter who may be at fault. Adrenaline runs high after a crash and you may be injured without knowing it. Keep all medical records and bills as these will be an important part of your personal injury case. If you did not go to a hospital immediately after your accident, go as soon as you can.
  • Exchange information. Typically, there is an exchange of names and contact information with the other driver, along with providing the name of your insurance company. If there are witnesses, be sure to get their contact information as well.
  • Note or collect evidence. If you are able, take pictures and video of the accident scene and damage to any vehicles or property. 
  • Notify insurance. Contact your insurance company, but keep the conversation brief and factual. 

Using Your Insurance for an Accident Caused By An Uninsured Driver

Uninsured motorist coverage can be part of your auto insurance policy. This coverage may help you recover damages if the person who caused the accident didn’t have insurance. Check with your insurance carrier to see if your policy includes uninsured motorist coverage. 

Why You Need a Lawyer After Being Hit by an Uninsured Motorist

An experienced Virginia accident lawyer understands your rights under the law and will fight for the compensation you deserve. Working with an experienced lawyer can give you the best chance to maximize your compensation.

A skilled attorney can also negotiate on your behalf with insurance companies or the other party’s lawyers, working to ensure you receive a fair settlement to cover your damages. They will even represent you in court if your case is not settled before then.

Damages in a Personal Injury Case

Damages in a personal injury case are costs you incurred and ways you were harmed due to the accident and can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Damages might also include costs for transportation costs to get to medical appointments or to make modifications to your home due to your injuries.

Being hit by an uninsured driver in Warrenton, Virginia, can be frightening, but knowing what to do after an accident with an uninsured driver is crucial. The right legal support can help you bring a personal injury lawsuit with the best possible outcome.

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