The driver who hurt you may have little or no insurance. That does not have to mean you are left paying for it.
It is one of the more disheartening moments after a crash. You did nothing wrong, you are hurt, and then you learn the person responsible has no insurance, or so little that it will not come close to covering what you are facing.
In Virginia, this situation is more common than most people expect, and there is often a path forward that people do not know they have: their own policy.
How often this happens
A significant share of drivers on the road carry either no insurance or only the state minimum. When a minimally insured driver causes a serious injury, their coverage can run out quickly, long before your medical bills do.
That is exactly the gap uninsured and underinsured motorist coverage exists to fill.
Uninsured motorist coverage
Uninsured motorist coverage, often written as UM, protects you when the at-fault driver has no liability insurance at all.
It also generally applies in a hit-and-run, where the driver who caused the crash is never identified. In the eyes of your policy, an unidentified driver is treated much like an uninsured one.
Underinsured motorist coverage
Underinsured motorist coverage, or UIM, applies when the at-fault driver does have insurance, but not enough to cover your losses.
If your damages exceed what their policy will pay, this coverage can help bridge the difference, so that the shortfall does not simply become your problem.
The part most people do not realize
In Virginia, every auto insurance policy is required to include uninsured and underinsured motorist coverage, generally in the same amount as your liability coverage.
That means if you carry insurance, you very likely already have this protection, even if you have never had an agent explain it. It is not an add-on you have to remember to buy. It is built into the policy.
A change in Virginia law in recent years also made this coverage more useful to injured people than it once was. Because how much you can access depends on your policy and when it was issued, this is worth having someone review rather than guessing at.
It is your policy, but it can still be a fight
Here is the part that surprises people most. When you file an uninsured or underinsured motorist claim, you are making a claim against your own insurance company.
You might expect that to be simple, since you have paid your premiums for years. In practice, your insurer is still an insurance company, and the same claim can be met with the same scrutiny and the same low first offers you would expect from the other side.
Being their customer does not automatically put them on your side of the table when it is their money on the line.
Fault still matters, even against your own insurer
To recover under this coverage, it still has to be shown that the other driver was responsible for the crash and that you were not.
This matters in Virginia, because Virginia follows contributory negligence. If you are found even slightly responsible for the crash, your ability to recover can be barred entirely, and that rule does not go away simply because the claim is against your own policy.
It is one more reason to be careful about what you say, to anyone, about how the crash happened.
Do not give a recorded statement without thinking it through
After this kind of crash you may be asked for a recorded statement, sometimes by your own insurer as part of the uninsured motorist claim.
You are generally not required to give one on the spot, and it is reasonable to get advice first. An offhand phrase about the crash can be used to question fault or minimize your injuries later, and once it is on the record it is difficult to walk back.
What to do at the scene and after
- Call the police and make sure a report is created, especially in a hit-and-run
- Photograph the vehicles, the scene, and the other driver’s information if it is available
- Get names and numbers of any witnesses, and note nearby cameras
- Report the crash to your own insurance company promptly, as your policy likely requires
- See a doctor even if you feel fine, and keep every record
- Avoid discussing fault or giving recorded statements until you have advice
In a hit-and-run, speed matters even more. The sooner the search for the other driver and any camera footage begins, the better the chances of finding them.
Why a lawyer can matter here specifically
An uninsured or underinsured motorist claim has a quiet conflict built into it. The company deciding what to pay you is the same company you have been paying, and its interests and yours are not the same on this claim.
Having someone whose only job is to represent you can change how that claim is handled, from how your damages are documented to how the negotiation goes. It also keeps the pressure of dealing with an adjuster off you while you are trying to heal.
One thing worth checking today
If you have not been in a crash, this is a good moment to look at your own coverage, since it is the coverage that protects you from everyone else’s choices on the road. If you have already been hit by an uninsured or underinsured driver, the sooner your claim is handled properly, the better.
At Paragon Law Firm, consultations are free, and you talk to an attorney. If we take your case, you owe nothing unless we recover money for you.
We represent injured people in Virginia, Maryland, and Washington DC.
Paragon Law Firm
8233 Old Courthouse Rd, Tysons, VA
Call for a free and confidential consultation.
