Hit by Uninsured At-Fault Driver: Next Steps

What Happens if I Get Hit by an At-fault Driver Without Insurance?

Car Accident Info

If you are involved in an accident with an uninsured driver who was at fault, you will likely need to file an uninsured motorist claim with your own insurance carrier. It can be unnerving to be placed in the position of the claimant when dealing with the company that insures you. However, the car accident attorneys at Rutter Mills understand this process and will hold the company accountable when it comes to paying the full value of the claim.

Virginia car insurance requirements

When it comes to auto insurance, states are generally divided into categories: fault and no-fault. In fault states, the driver whose negligence caused the accident is also financially responsible for the damages. In no-fault states, unless the accident meets the state’s definition of “serious,” each driver’s insurance covers their own losses regardless of who was at fault.

Virginia falls into the first category; it is a fault state. Under state law, all drivers are required to have liability insurance that meets the state’s minimum requirements to pay for injuries they cause unless they have enough money to pay for the losses themselves.

Most auto insurance policies in Virginia are also required to include uninsured motorist coverage. Coverage limits for an uninsured motorist claim are generally, but not always, the same as the limits for the insured driver. If you have a car insurance policy, it likely includes this coverage.

How to recover on an uninsured motorist claim

It should be no surprise that your uninsured insurance claim will go through your insurance carrier. However, this is not the time to become complacent. You may expect the company to be more cooperative because you are their customer, but this is not always the case. The company still wants to save money by paying as little as possible for claims.

Having an experienced car accident lawyer on your side will strengthen your position and make it harder for the insurance company to talk you into a low settlement. Your car accident lawyer will present evidence of your losses and advocate for the most reimbursement possible under the terms of your policy.

What if you are uninsured?

It is not wise to operate a vehicle without meeting the financial responsibility of having insurance. However, it happens.

When neither you nor the other driver is insured, the negligent driver is legally responsible. If the other driver caused the accident, you might have the right to hold them personally accountable, obtaining a judgment, and the right to seize their assets. However, it is much easier to receive compensation through insurance, so be sure you have uninsured motorist coverage in place

Contact us for a free consultation

Obtaining proper insurance well before an accident will provide protection in the event an at-fault driver is not insured. Expert legal guidance will help you avoid the potential pitfalls in a fight for compensation. If you have been involved in a car accident, call Rutter Mills to schedule a free consultation with one of our expert car accident lawyers.

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After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

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After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

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After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

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A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

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They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.