What if the at-fault driver doesn't have car insurance?
When the at-fault driver in a Virginia car accident doesn’t have insurance or doesn’t have enough insurance to cover your injuries and damages, you may be able to recover compensation through your own auto insurance policy.
Virginia law requires insurance companies to offer two types of protection:
1. Uninsured Motorist (UM) Coverage protects you when you’re injured by a driver who has no auto insurance at all. This coverage applies whether you were driving, riding as a passenger, or even walking or biking when hit by an uninsured driver.
2. Underinsured Motorist (UIM) Coverage protects you when the at-fault driver has insurance, but their policy limits are too low to fully compensate you for your injuries. For example, if the at-fault driver only has $25,000 in liability coverage but your medical bills and other damages total $100,000, your UIM coverage can help pay the difference.
Virginia requires all auto insurers to offer UM and UIM coverage equal to your liability limits, though you can reject this coverage in writing. If you accepted this protection when purchasing your policy, you can file a claim with your own insurance company when an uninsured or underinsured driver injures you.
Challenges Individuals Face When Filing UM/UIM Claims in Virginia
When a Virginia driver causes an accident but has no insurance or not enough insurance to cover your damages, you can file an uninsured motorist (UM) or underinsured motorist (UIM) claim with your own insurance company. However, these claims are more complicated than most people realize.
Strict Deadlines That Can Destroy Your Claim
Virginia UM and UIM policies require you to notify your insurance company within specific timeframes which are often much shorter than the state’s two-year injury lawsuit deadline. Missing these deadlines by even one day can result in complete denial of your claim, regardless of how severe your injuries are. Many Virginia residents lose thousands in compensation simply because they didn’t understand their policy’s notice requirements.
Your Insurance Company Becomes Your Opponent
Once you file a UM or UIM claim, your own insurance company has a financial incentive to pay you as little as possible. The same company you’ve paid premiums to for years will now use aggressive tactics to minimize your payout, question your injuries, and dispute the value of your claim.
Underinsured Claims Are Even More Complex
UIM claims require proving the at-fault driver’s insurance isn’t enough to cover your damages. Your insurer will lowball your injuries to argue their policy limits were adequate. You must also navigate complicated “setoff” provisions that reduce what you recover, and timing your settlements incorrectly can forfeit your UIM rights entirely.
They Have Resources—You Don’t
Your insurance company employs teams of adjusters, lawyers, and medical experts who handle thousands of Virginia claims. They know every tactic to minimize payouts under Virginia law. As an individual, you’re severely outmatched in negotiations and arbitration.
Why You Should Consider Hiring A VA Injury Lawyer
Most Virginia personal injury lawyers work on contingency which means you pay nothing unless they win.
A Virginia personal injury attorney who handles UM and UIM claims will:
- Ensure you meet all policy deadlines and notice requirements
- Handle communication with insurance companies to prevent statements that hurt your claim
- Coordinate liability and UIM settlements to maximize total recovery
- Ensure setoff calculations are applied correctly under Virginia law
- Fight for full compensation through negotiation, arbitration, or trial
Whether dealing with an uninsured driver or an underinsured one, don’t let insurance companies take advantage of Virginia’s complex laws.
Contact our experienced Virginia personal injury attorneys to protect your rights and maximize your recovery. Free Consultations 757-233-0009, via chat, or email us.