It’s bad enough to be involved in a car accident. It can be even worse if the negligent driver is uninsured, often due to a prior DUI/DWI or repeated car wrecks.
According to a recent report in the Wall Street Journal, the number of uninsured drivers is increasing nationwide. It started with the COVID-19 pandemic and has been getting worse ever since. Some cannot afford insurance, while others can’t find it because of their bad driving history and the steep cost.
Last year, the Insurance Research Council published a report revealing that about one in seven drivers (14 percent) operated a private-passenger vehicle without liability insurance in 2022. This was a substantial increase from the 11.1 percent uninsured reported in 2019.
Personal income declines and high inflation are some of the factors involved. Regardless, these can create problems for victims of car accidents.
If you or a loved one suffered from serious injuries or died in a car accident with an uninsured driver, contact our Virginia Beach car accident lawyers immediately. The law in these cases involving uninsured motorists (“UM”) falls under Virginia statutes, which can be complex. With our over 100 years of combined legal experience, we can be your best ally in this challenging situation.
UM insurance is the most misunderstood car insurance because many people think: “Why should I get insurance to cover an uninsured driver?” The answer is UM insurance provides you or a loved one coverage if the negligent, uninsured driver causes an accident that results in injuries to you and your loved ones. The UM coverage you have on your policy or other available policies may apply.
Recent Changes to Virginia Car Insurance Laws
Virginia recently adopted two new changes to its car insurance laws.
The first change ended the state’s uninsured motorist fee program on July 1, 2024. The program previously allowed Virginia drivers to register an uninsured vehicle for $500—meaning as long as they paid the fee, they didn’t have to buy car insurance. That program is no longer in effect. Virginia is now a mandatory auto insurance state.
The second change will raise Virginia’s minimum liability insurance limits:
- Previous limits: $30,000 bodily injury coverage per person, $60,000 bodily injury coverage per accident, and $20,000 property damage liability.
- New limits (to take effect January 1, 2025): $50,000 bodily injury coverage per person, $100,000 bodily injury coverage per accident, and $25,000 property damage liability.
With the cost of car accidents rising, however, even the new limits may not be enough to cover your damages. Virginia requires drivers to carry uninsured motorist coverage—which helps cover costs if you’re involved in an accident with someone who doesn’t have insurance. The amount of UM coverage, however, varies depending on your policy liability coverage.
Considering the increase in uninsured (and underinsured) drivers, it may be wise to talk to your insurance provider to ensure you have adequate amounts of uninsured and underinsured motorist coverage—as much as your liability coverage limits. Our attorneys suggest you have at least $100,000 of liability coverage per person, and the same amount of uninsured motorist coverage, as well.
Virginia Is an At-Fault State—So Who Pays the Bill?
Virginia differs from some other nearby states in that it’s an at-fault state. That means the driver who caused the accident is liable for covering the damages.
But if that driver is uninsured, things can get more difficult.
As noted above, Virginia requires every motorist to have uninsured motorist (UM) coverage. This is a good, not bad thing. As long as you have UM coverage, if the negligent driver does not have any insurance or has minimal insurance, you can also file a claim with your own insurance company for UM coverage.
Don’t fret—if the damage in the wreck was not your fault, your own insurance company cannot increase your premium or rates just for making a UM claim. Virginia law governs this point.
You’ll want your personal injury lawyer to notify any potential UM coverage insurance companies promptly, as waiting could give the insurer another excuse to deny benefits. They will investigate the accident to evaluate your damage and injuries and as crazy as it sounds, will retain an attorney for the negligent driver and essentially become adverse to you.
This is another reason to retain an experienced Virginia Beach car accident lawyer with our firm to guide you through the injury process.
How Can a Car Accident Lawyer Help in an Uninsured Motorist Case?
Having a car accident lawyer on your side can help a great deal when you’re dealing with an uninsured motorist case. At Shapiro, Washburn, and Sharp, we often deal with these types of cases and know how to negotiate with the various insurance companies to ensure you receive the compensation you’re entitled to.
One way we provide value is to uncover evidence that supports your claim. If your insurance company is trying to say you were partially at fault in the accident, for example, we know how to provide evidence to the contrary so that the company must deal with you fairly.
Named a “Best Law Firm” since 2010, our firm will help grant you peace of mind as you try to recover from your injuries, as we did for a Virginia client who suffered severe injuries after the vehicle she was riding in was involved in a hit-and-run accident. We accessed the uninsured motorist coverage provisions of the pertinent UM coverage and negotiated a settlement of $225,000.
With offices in Virginia Beach, Portsmouth, Hampton, and Norfolk, we are happy to offer you a free initial consultation. Contact us today.