When we are involved in an accident where someone else hits us, it is natural to assume that the insurance company of the person who caused the accident will cover the damages you’ve incurred. But what happens when the person who hit you doesn’t have insurance?
First off, it’s important to note that Virginia is one of only two states that doesn’t require its residents to have auto insurance. Instead of paying for insurance, a driver can pay a $500 uninsured motorist fee to legally drive without insurance. However, this does not mean that if they cause an accident they are not liable for it.
About 11% of motorists in Virginia lack auto insurance. Anyone who purchases an insurance policy in Virginia must carry uninsured motorist coverage. However, there is an option to opt-out of this coverage, but it must be in writing.
If you have uninsured motorist coverage, you can file a claim with your own insurance company and they may be able to cover the damages incurred from your accident. However, there is still potential that your insurance company may deny your claim.
There are a few other options you have in this case including determining if there were other parties involved in your accident who could be held liable or attaching the assets of the uninsured driver.
The first option is self-explanatory, if another party may also be held liable, their insurance company could cover the damages. For instance if this was a company vehicle that ran into you, the company may have insurance even if the driver does not. The second option occurs when one attempts to recover damages by having the driver at-fault pay with their personal assets. This option rarely works out well because uninsured drivers tend to lack significant net worth.
If you have been hit by an uninsured motorist, call the attorneys at ReidGoodwin today for a free, no obligation consultation at (804) 415-7800.