What Happens When an Uninsured Motorist Causes Injury?

by | Dec 29, 2015 | Personal Injury Lawyer

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In the U.S., one driver in every seven is driving without any auto insurance. Virginia has more than their share of uninsured drivers since in Virginia, a driver does not have to buy auto insurance. Instead, the state requires an uninsured driver to pay a $500 fee, but that doesn’t help the victim if an uninsured motorist causes injury. Can the victim receive compensation for their injuries?

Buying Uninsured Motorist Coverage is Essential for Your Own Protection

Virginia drivers should be careful to always purchase uninsured motorist coverage when they buy auto insurance. This coverage will also offer protection from injuries caused by a driver who only buys for minimal coverage, which is $25,000 for each injury. This is completely inadequate in light of today’s medical costs. Drivers with only minimal coverage are known as “underinsured motorists.” Uninsured motorist coverage will apply for underinsured motorists also.

Always buy the maximum amount possible of uninsured motorist coverage. It will also offer protection if injured by a hit-and-run driver.

Does Someone Hurt by an Uninsured Motorist Have a Case?

The good news is that the injured motorist has a case. The bad news is that the situation is more complex than might be expected. This area of Virginia law is confusing to many people.

What Happens if an Uninsured Driver Causes an Injury?

Usually, the injured motorist will file a case against his or her own insurance company. It may seem odd, but the injured driver’s insurance company will now be defending the uninsured driver. The case will proceed against the injured person’s own insurance company. This will not make the situation any easier for the injured person; it can even become more difficult.

This will also apply when someone is badly injured by an underinsured driver with minimal coverage. The injured person will again be forced to prove their case against their own insurance company.

There May be Multiple Policies

If an analysis finds other insurance policies that may provide coverage for the accident victim, the complexity of the case will increase. Coordinating these policies requires specific knowledge of this field of law.

The law firm of Dulaney Lauer Thomas knows that cases involving uninsured or underinsured drivers require more aggressive treatment. When an uninsured motorist causes injury, it’s advised to retain an attorney who is familiar with these cases. Visit Dulaneylauerthomas.com for a free case evaluation.

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