7.4.2024

Hit by an Uninsured/Underinsured Driver in Virginia Beach? Here's What You Need to Know 

Written by: Virginia Beach Injury Law

Were you involved in an accident with an uninsured driver? Virginia is one of the few states where drivers are not mandated to carry auto insurance. Drivers may be legally permitted to drive without insurance as long as they pay the $500 uninsured motor vehicle (UMV) fee. If you are involved in an accident with an uninsured driver contact Virginia Beach Injury Law to review your case. 

Do I Have Options if the Driver Doesn’t Have Insurance? 

If you are injured in a car accident in Virginia involving an uninsured motorist you have a few paths you can follow. 

You can file a claim against your policy. Virginia law requires auto insurance companies to have uninsured motorist (UM) coverage. 

You can file a claim against another liable party, such as another motorist who was at fault. 

You file a claim against other third parties involved. An example of this is an employer being held liable when an employee is in an accident when driving for work related reasons. 

You can also demand compensation from the uninsured motorist. However, if the uninsured driver isn't able to cover the cost of the accident or any subsequent losses, you may not receive any compensation. 

What is Uninsured/Underinsured Motorist Coverage (UM/UIM)? 

Uninsured/underinsured motorist coverage (UM/UIM) in Virginia protects you and your family if you're involved in an accident with a driver who doesn't have enough or any insurance to cover your damages. 

UM covers accidents with drivers who don't have insurance, while UIM covers accidents with drivers who have insurance but not enough to cover your damages. 

How Do I File a UM/UIM Claim? 

To file a UM/UIM claim, contact your insurance company promptly to notify them of the accident. It's highly recommended to reach out to a personal injury attorney immediately as they can provide guidance and ensure your rights are protected throughout the claims process. This proactive approach helps expedite your claim and help ensure you receive a favorable outcome. 

What If I’m the Victim of a Hit and Run? 

There are a few important steps to follow immediately after a hit-and-run accident. While this is a stressful experience, staying focused on the next steps will help you navigate this situation. 

  • Call for medical help right away if there are injuries. Medical attention and safety is the biggest concern. While you or your passengers may not feel immediate pain from injuries, medical personnel can evaluate everyone and determine what medical steps are next. 
  • Call the police. Getting the police involved is a critical step, even if the vehicle is parked and you did not witness the damage take place. A police report is helpful when you file an insurance claim. The police may be able to interview witnesses and gather important details related to the accident. Virginia also requires you to file a police report for car crashes resulting in bodily injury, death, or visible damage of $1,500 or more. 
  • Take photos and gather any evidence. Take as many photos as you can of the damage to the vehicle and surrounding areas. These photos may be helpful later on when the insurance claim is filed.
  • File an insurance claim. Filing an insurance claim promptly is the best course of action if you plan on filing a UM/UIM claim.

Can I Recover Damages if the Driver is Never Found? 

Hit and run accidents indicate that one of the drivers involved in the accident departed the scene after the accident without exchanging any information or trying to file a police report. 

If the hit and run driver is never found and depending on the type of coverage you have; your compensation may have to come through your own insurance.  

Free Consultation with a Virginia Beach Injury Lawyer 

If you were involved with a hit and run, or in an accident with an UM/UIM contact Virginia Beach Injury Law at (757) 835-3242 for your free consultation. Our knowledgeable and dedicated attorneys will fight for you to help ensure you receive the most favorable outcome.

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