When you’ve been in a car accident, your frustration may turn to anxiety when you learn that the other driver doesn’t have insurance or has minimal coverage. Fortunately, you may still recover compensation for your car repairs, medical bills, and lost income through uninsured and underinsured motorist coverage with your insurer. Understanding your rights to compensation from this coverage can help you maximize your financial recovery. Let an Alexandria uninsured and underinsured motorist lawyer advocate on your behalf.
Contact the team at Marks & Harrison to discuss your eligibility for coverage. For over 100 years, our firm has fought to protect the interests of accident victims. We’ve grown into one of Virginia’s largest law firms, with the experience and resources to take on the insurance companies and demand a fair result for you. Reach out today for a free consultation with an experienced uninsured and underinsured motorist attorney.
What Is Uninsured and Underinsured Motorist Coverage?
In Virginia, car insurance policies must provide uninsured and underinsured motorist (UM/UIM) coverage. With UM/UIM coverage, an injured motorist’s insurance company compensates them when an at-fault driver doesn’t have liability insurance or their policy limits do not fully compensate the other motorist for their losses.
Uninsured motorist (UM) coverage applies when a driver who causes an auto accident does not have any liability insurance. In that case, an injured driver or passenger can turn to their insurer for coverage the at-fault driver should have had.
Underinsured motorist (UIM) coverage applies when an at-fault driver has liability insurance, but the accident victims’ losses exceed the driver’s policy limits. An injured accident victim can file a UIM claim with their insurer to recover compensation for losses not covered by the at-fault driver’s insurance. Contact our Alexandria car accident lawyer today.
Can a Driver in Alexandria Drive Without Insurance?
Virginia allows a driver to register a motor vehicle without insurance. However, they must pay a $500 fee to the Virginia Department of Motor Vehicles (DMV) in addition to the standard vehicle registration fee. The fee does not provide the driver with insurance coverage, and the driver remains personally liable for losses arising from any accident they cause. Uninsured drivers must pay the fee every 12 months, although they can pay a prorated fee if registering a vehicle for less than 12 months.
Does Uninsured Motorist Insurance Cover Me If I Am Hit by a Hit-and-Run Driver in Alexandria?
In addition to providing coverage for accidents caused by an uninsured driver, UM coverage also applies in hit-and-run accidents where the at-fault driver flees the scene. When a hit-and-run driver remains unidentified, the insurance company will step in as though the at-fault driver had no liability insurance coverage, entitling you to file an uninsured motorist claim with your insurance company.
What Is Virginia’s New Insurance Law for Underinsured Motorist Coverage?
All new policies purchased or policies renewed after July 1, 2023, must now provide stacked underinsured motorist (UIM) coverage. Under Virginia’s prior insurance law, a car accident victim could file an underinsured motorist claim only if the victim’s UIM policy limit exceeded the limit of the at-fault driver’s liability insurance. When processing UIM claims, insurers could deduct any compensation from the at-fault driver’s insurance as a credit. For example, if an at-fault driver paid their entire policy limit of $100,000 to a driver with $100,000 of UIM coverage, the injured driver could not file a UIM claim to recover losses not compensated by the at-fault driver’s insurance.
Virginia’s new insurance law effective July 1, 2023, allows the stacking of UIM coverage by default. Now, a driver with $100,000 of UIM coverage hit by a motorist with $100,000 in liability coverage can stack both policies for $200,000 of total insurance coverage. Contact our Alexandria uninsured and underinsured lawyer today.
What Other Sources of Compensation Can I Pursue After an Uninsured Motorist Accident?
In addition to filing an uninsured motorist claim with your insurer, you may instead of might have other options for financial recovery of your losses:
- Health insurance – Your health insurance may provide coverage for treatment and rehabilitation. However, some health insurers may only allow coverage for car accident injuries once the victim has exhausted all available automobile insurance coverage.
- Your own auto insurance policy – Various optional coverages you may have purchased with your car insurance can provide compensation. Medical benefits coverage can help pay for all reasonable and necessary medical treatment and rehabilitation services and partially reimburse you for lost income. Collision coverage can also pay for car repairs or reimburse you for the value of your car if it was totaled in the accident.
- Car accident lawsuit – You may also be able to pursue a car accident lawsuit directly against the at-fault driver. However, uninsured drivers often don’t have enough assets to cover their losses. A skilled uninsured motorist attorney can help you determine whether this is a good option for your case.
What Is the Statute of Limitations in Virginia for Filing a Lawsuit Against an Uninsured Driver?
Virginia motorists who drive without liability insurance remain personally responsible for injuries or property damage that occur when they cause a motor vehicle accident. When you get hurt in a crash caused by an uninsured driver, you can file a lawsuit against the driver to recover compensation from their assets. However, Virginia’s statute of limitations requires victims to file a lawsuit within two years of the auto accident. If you file a lawsuit after the deadline, the court can dismiss your case, and you may lose the opportunity to pursue compensation. The two-year statute of limitations for a minor injured in a car crash does not begin to run until the minor turns 18.
Can My Insurance Company Raise My Rates If I File an Uninsured Motorist Claim?
Under Virginia law, your insurance company cannot raise your car insurance premiums after you’ve filed an uninsured motorist coverage claim. The law prohibits insurers from increasing premiums or charging points for a motor vehicle accident unless the insured driver wholly or partially caused the accident. Recovering compensation from an uninsured motorist claim in Virginia requires you to bear no fault for the car accident, so an insurer cannot raise your rates after paying out on your UM claim.
Contact an Alexandria Uninsured & Underinsured Motorist Lawyer
If you’ve suffered injuries and vehicle damage in a crash with an uninsured or underinsured driver, get legal help to pursue fair compensation for your medical bills, lost wages, and car repairs. Contact Marks & Harrison today for a free, no-obligation consultation to discuss your options for filing an uninsured/underinsured motorist claim.
