5 Steps To Take After an Uninsured Driver Hits Your Car in Virginia
Until very recently, Virginia was one of the few U.S. states that didn’t require drivers to carry auto insurance. A new law mandated that all drivers must have insurance by July 1, 2024, but as with any change to the status quo, there are always some stragglers. What should you do if you’re hit by a driver with no insurance in a Virginia car accident?
Below, Geoff McDonald & Associates discusses five steps to take if you’ve been involved in a crash with an uninsured motorist. You’ll also learn about avenues that you can explore for compensation.
5 Steps To Take When the Other Driver Has No Insurance in a Virginia Car Accident
When an uninsured driver hits you, follow these steps carefully. Failure to do so could affect your ability to recover damages.
1. Contact the Police
Call the police right after the accident and wait for them to make an accident report. Now that auto insurance is required in Virginia, the police should charge the other driver if they don’t have insurance.
2. Exchange Information With the Driver
While waiting for the police to arrive, exchange contact information with the driver. Giving them your email address and phone number is okay, but avoid handing out your home address.
When speaking with the driver, they may offer you a cash deal to “forgive” the accident if they are uninsured. You should not accept this deal if you’re unsure whether it’ll cover all your damages, and that’s hard to tell without first talking with a lawyer. Additionally, accepting a cash deal could affect your ability to pursue further compensation.
3. Gather Evidence
Gathering evidence is important if you want fair compensation for the accident. Take pictures of any injuries, your car, and anything that may have contributed to the crash, such as bad road conditions or damaged traffic signs.
Once you’re home, jot down the details of the accident before you forget them. Even if you don’t appear badly injured, it’s a good idea to seek medical attention.
4. Contact the Insurance Company
If the other driver has no insurance in a Virginia car accident, you obviously can’t make a claim with their auto insurance company. However, if you carry uninsured/underinsured motorist coverage, you can make a claim with your own insurance company. Your auto insurance likely requires you to report when you have been involved in a crash, however, be wary when providing information to your insurance company regarding the crash. These conversations may be used later by your own insurance company to argue that you contributed to the crash in some way.
5. Call a Car Accident Lawyer
Contacting a lawyer is a wise idea after any car accident, especially when the other driver has no insurance. Your lawyer can tell you about your options for recovering damages. They can also advise you on what to do if you think you’re partially at fault for the crash.
Unfortunately, you can’t recover any damages if you are partly at fault. Virginia’s pure contributory negligence rule bars recovery if you are even 1% at fault.
Options for Compensation After an Uninsured Motorist Accident
If an uninsured driver hits you, you can file a claim under your uninsured motorist policy or sue the driver if you don’t have UM insurance. However, if the driver has limited resources, expect little in the way of compensation.
If possible, your third option is to file a claim against a third party. For example, if the collision involved multiple vehicles, you could file a claim against any of the other drivers.
Hit by an Uninsured Driver? Call Geoff McDonald & Associates
Were you hit by a driver with no insurance in a Virginia car accident? Reach out to Geoff McDonald & Associates at 804-888-8888 or contact us online for a free consultation.