Getting into a car accident is stressful enough. But what happens when the at-fault driver doesn’t have insurance, or doesn’t have enough to cover your damages? In Virginia, this is more common than many people realize. Fortunately, protections are in place for these situations, but recovering compensation can still be a complicated process.
The Halperin Law Center has been helping drivers in Richmond and throughout Virginia navigate the aftermath of accidents involving uninsured and underinsured motorists. If you’ve been hit by someone without insurance, here’s what you need to know about who pays—and how to protect your rights.
Understanding Uninsured Motorist (UM) Coverage in Virginia
Virginia is one of the few states that does not require drivers to carry auto insurance. Instead, uninsured drivers can pay a $500 fee to the DMV to legally drive without coverage—though this doesn’t protect anyone in the event of a crash. As a result, there’s a higher risk here than in many other states that you’ll be involved in a collision with an uninsured driver.
This is where Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage comes into play. In Virginia, UM/UIM coverage is required as part of every standard auto insurance policy unless you specifically reject it in writing. These provisions are designed to protect you when the other driver doesn’t have insurance or doesn’t have enough.
So if you’re hit by an uninsured driver, your own auto insurance policy may be the one footing the bill, for your medical expenses, lost wages, pain and suffering, and property damage.
How Does the Claims Process Work?
After an accident with an uninsured driver, you’ll need to file a UM claim with your own insurance company. While that might seem straightforward, it’s important to understand that your insurer now has the same role the at-fault driver’s insurer would have had. That means they may not be quick to offer a fair settlement, and they’ll often try to limit what they pay out.
This is why it’s so important to speak with an experienced personal injury attorney early in the process. With the Halperin Law Center, we advocate for your full rights under your policy, make sure all necessary evidence is gathered, and handle communication with the insurance company so you’re not left dealing with delays or lowball offers.
What if the Driver Is Underinsured?
In some cases, the at-fault driver may have insurance, but not enough to cover your total damages. This is especially common in crashes involving serious injuries. In those situations, your Underinsured Motorist (UIM) coverage can step in to cover the difference, up to your policy limits.
However, accessing UIM benefits can be complex. There are rules about notifying your insurance company, coordinating with the at-fault driver’s insurer, and avoiding actions that could accidentally waive your rights. A personal injury lawyer can help you navigate those steps and maximize your recovery.
Don’t Assume Your Insurer Is on Your Side
Even though you’re filing a claim through your own policy, your insurer’s goal is still to protect its bottom line. It’s not uncommon for valid UM/UIM claims to be delayed, undervalued, or even denied. You may be asked to provide extensive documentation, give recorded statements, or accept an offer that doesn’t fully cover your losses.
Having a skilled attorney on your side can make a significant difference. We know how insurance companies operate, and we’ll fight to ensure you’re treated fairly under the terms of your policy.
We’re Here to Help
At the Halperin Law Center, we understand how frustrating and confusing uninsured motorist accidents can be, especially when you’re trying to recover from your injuries. Our Richmond-based team is here to guide you through every step of the claims process and help you secure the compensation you’re entitled to.
If you’ve been hit by an uninsured or underinsured driver in Virginia, don’t wait. Call us today for a free consultation, and let’s talk about how we can help you move forward with confidence.
