Car Accident Lawyer Virginia Beach
Many people are shocked to learn that not every Virginia driver carries auto insurance. Unlike most states, Virginia allows drivers to legally operate a vehicle without any insurance, so long as they pay the Department of Motor Vehicles’ annual uninsured motorist fee. This lesser-considered aspect of this law means there is a real danger of being involved in a serious collision with an uninsured driver. Although the uninsured motorist fee does not offer coverage or protection of any kind, it does give drivers the ability to legally hit the road without the protection of basic insurance coverage, which leaves other road users vulnerable in the event of an accident.
Car accidents involving uninsured and underinsured motorists are often financially and physically devastating. You will probably be able to recover some financial compensation from your own policy. In some cases, a car accident victim might not be able to recover fair compensation following an accident with an uninsured motorist.
An experienced Virginia Beach car accident lawyer from Shapiro, Washburn & Sharp can help you understand your legal options and help you secure maximum compensation after an accident. Call us today to schedule a free consultation.
What Are Virginia’s Car Insurance Requirements?
Virginia drivers are required to carry minimum liability insurance coverage. This covers any injuries or other damages to other parties or their property in an accident for which you are at fault.
From January 1, 2022, until December 31, 2024, Virginia drivers were required to carry liability insurance coverage that was no less than the following:
- $30,000 for the death or bodily injury of one person
- $60,000 for the death or bodily injury of two or more people
- $20,000 for any property damage
On January 1, 2025, the policy minimums increased to:
- $50,000 for the death or bodily injury of one person
- $100,000 for the death or bodily injury of two or more people
- $20,000 for any property damage
Virginia allows drivers to purchase additional insurance coverage known as Underinsured /Uninsured Motorists coverage, which covers property damage and injuries should an uninsured driver strike you. Virginia drivers can simply pay the uninsured motorist fee and drive with no auto insurance. If you are involved in a collision with one of these drivers, then UIM coverage will cover your medical bills and other expenses related to your accident up to your policy limits.
It is worth mentioning that, if you are in a car accident, the above-listed minimums provide only the most basic protection. For this reason, it is strongly recommended that drivers opt to purchase higher coverage levels to ensure their assets are protected. It is always a smart idea to regularly examine your insurance policy to confirm that you have ample coverage for yourself and your assets should an accident happen.
What if the At-Fault Driver’s Insurance Isn’t Enough to Cover My Damages?
Virginia law states that, after a car accident, the at-fault driver is liable for any injuries or damages they caused. That money, however, does not always come directly from the other driver. Where a Virginia personal injury claim is concerned, your lawyer will first review the at-fault driver’s insurance policy. If their coverage is inadequate or they do not have insurance, your lawyer will then review your personal car insurance policy to determine if you have uninsured/underinsured motorist coverage.
One question that a lot of Virginia Beach car accident victims ask is whether or not we are allowed to seize the at-fault driver’s assets to pay for their damages. While this is technically possible, it is extremely unlikely that doing so will enable them to recover the full extent of their losses.
Realistically, if a driver is unable to pay for proper auto insurance, it is unlikely that they have the cash or personal assets to cover the damages they caused. If they drive an old vehicle, have a low-paying job, and rent, the truth is there simply won’t be very much for the injured party to recover.
Although, ultimately, the at-fault driver is liable for covering the injuries and other damages they cause in a Virginia car accident, insurance carriers usually play a significant role in covering these expenses. All drivers need to carry ample auto insurance coverage to ensure their own and others’ protection after being involved in a car accident.
What Damages are Recoverable in an Uninsured Accident Claim in Virginia?
Virginia law allows injured car accident victims to recoup specific types of damages from the negligent driver. If the other driver is uninsured, however, securing the following losses can be complicated:
- Medical Bills: These expenses are associated with any medical treatment you require after your accident. This includes hospitalization, emergency care, physical therapy, follow-up visits, doctor appointments, and other medical procedures.
- Lost Earnings: Many car accident victims are unable to resume work for an extended period of time because of upcoming medical procedures and the severity of their injuries. Lost earnings refers to the income you would have earned had you not been injured due to the other driver’s negligence.
- Property Damage: After a car accident that was not your fault, the insurer usually pays for the damage to your vehicle as well as any other property that was damaged during the crash.
- Pain and Suffering: Pain and suffering is a type of non-economic damage that covers both mental and physical anguish. It includes financial compensation for pain resulting from emotional distress, physical suffering, disfigurement, loss of enjoyment of life, disability, and other emotional consequences stemming from an accident.
- Wrongful Death: If someone is killed in the accident, certain surviving relatives are eligible to bring a wrongful death lawsuit. This can provide compensation for funerary costs, loss of future benefits and earnings, medical expenses incurred before the victim’s death, and other associated damages.
- Punitive Damages: While driving without proper auto insurance is not grounds for punitive damages, willful or reckless actions committed by the at-fault party could be. Punitive damages are not compensatory but rather designed to discourage and penalize certain behaviors.
Understanding the various forms of damages that you may be entitled to after a car accident is important. If you are unsure of what damages you are eligible to recover after an accident, or the insurer has stated that they will not cover your property damages, medical bills, pain and suffering, or lost earnings, then you need to reach out to a Virginia Beach car accident lawyer as soon as possible.
How Can a Virginia Car Accident Lawyer Help With My Case?
If you were injured in a Virginia Beach car accident caused by an uninsured driver, it is essential to consult with a knowledgeable car accident lawyer who can explain the legal process to you and ensure your rights are protected. Other ways a Virginia Beach car accident lawyer can help you with your case include:
- Evaluating your case: Your lawyer can determine the strength of your case and explain your options for collecting financial compensation. This could involve filing a claim with your insurance carrier or taking legal action against the negligent driver.
- Investigating the accident: An experienced lawyer will know how to conduct a comprehensive investigation of your car accident, prove the other driver was at fault, and collect compelling evidence that supports your case. This will likely involve reviewing medical records, studying police accident reports, and questioning eyewitnesses.
- Negotiating with insurance companies: If you have UM/UIM coverage, your lawyer can negotiate with your insurer to guarantee that you receive full and fair compensation. They can also negotiate with the other driver’s insurer if they had any coverage when the accident occurred.
- Representing you in court: If the insurance company refuses to offer a fair settlement and you choose to pursue legal action, your lawyer will represent you in court. This will involve filing a lawsuit with the appropriate court and representing you in negotiations and at court hearings.
A Virginia Beach car accident lawyer can offer invaluable support and guidance during the personal injury process and help you recover the damages to which you are entitled following a car accident with an uninsured driver.
Shapiro, Washburn & Sharp
If you were injured in a motor vehicle accident that was caused by an uninsured driver, you must understand your rights and legal options in order to pursue full financial compensation. While car accident cases involving UM/UIM insurance tend to be extremely complex, the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp have more than a century of combined experience litigating with insurance companies.
In a recent trial, our team secured a $150,000 jury award for a client whose existing medical condition was made much worse by a car crash. Despite the insurance company’s refusal to offer fair compensation, arguing his injuries weren’t new, we successfully demonstrated how the accident aggravated his condition, convincing the jury to deliver the justice he deserved.
Our personal injury law firm has been assisting clients throughout Virginia Beach, Norfolk, Portsmouth, and Hampton since 1985. We have seen firsthand the immense physical, financial, and emotional consequences a serious accident can inflict on your life. To schedule a free consultation, call us at (833) 997-1774 or fill out our simple online contact form.