Do I Still Have a Case if I Do Not Have Auto Insurance?

Mar 28, 2022 | Auto Accidents

Auto insurance

Yes, if you were injured in a car accident and someone else is at fault for that accident, you have a claim against the at-fault party’s insurance company. If the insurance company fails to pay as it should, you can pursue legal action against the company.

Although Virginia is one of the rare areas of the country where you can operate a motor vehicle without auto insurance, that doesn’t necessarily make it a wise decision.

At a minimum, you should purchase liability insurance that will provide protection in case you cause damage to another vehicle. Driving without insurance is risky behavior, especially in light of Virginia’s pure contributory negligence rule. This law states that if you were even one percent negligent in the collision you cannot collect damages from the at-fault party. 

Virginia Auto Insurance Laws

Virginia law does not require that you carry auto insurance to operate a vehicle. However, when you register your vehicle, you’ll have to pay the Uninsured Motor Vehicle Fee if you choose to drive without insurance. This fee is $500 and does not provide any insurance to the driver. You’ll be required to pay this fee annually when you renew your registration as long as you choose to drive without insurance.

You would be better off using that money to purchase insurance. And if you falsify that you have insurance when you do not, the DMV could charge you a $600 noncompliance fee as well as a $145 reinstatement fee while requiring that you show proof of insurance.

If you cancel your policy within the commonwealth of Virginia, insurers are required to send a notification to the DMV of your cancellation.

In Virginia, to qualify as having auto insurance, your policy must meet the minimum coverage requirements that became effective Jan. 1, 20222. These include:

  • $30,000 of coverage for injury or death to a person (for policies effective on or after Jan. 1, 2022 through December. 31, 2024)
  • $60,000 for injury or death of two or more people (for policies effective on or after Jan. 1, 2022 through December. 31, 2024)
  • $20,000 of property damage coverage (for policies effective on or after Jan. 1, 2022 through December. 31, 2024)

 

For policies effective on or After Jan. 1, 2025 the new insurance coverage requirements are:

  • $50,000 for injury or death of one person
  • $100,000 for injury or death of two or more people
  • $25,000 in property damage

 

Risks of Driving Without Auto Insurance in Virginia

Outside of the requirement to pay $500 if you choose to drive without insurance in the commonwealth of Virginia, you also open yourself up to serious risks.

The biggest risk is that you’ll cause an accident and be fully liable to pay for all damages from that accident. This could mean wage garnishments for life and a total draining of all savings accounts.

One accident could cause lifelong financial hardships. And if you’re found partially at fault for an accident, you’ll be left on the hook for all your medical bills and property damage regardless of whether you caused the accident.

It’s best to purchase car insurance that at least meets minimum requirements to provide protection from financial ruin due to a car accident. And because drivers can operate vehicles without insurance, it’s also a good idea to add uninsured and underinsurance coverage to your policy to protect yourself in case of an accident with someone who does not have insurance.

Connect With Us for a Free Consultation

We know that changes in financial status or hard times can impact your ability to maintain auto insurance. No matter your reason for being uninsured at the time of your accident, Geoff McDonald & Associates can help you recover financially. Schedule a free consultation to learn more about your legal rights regardless of your auto insurance status at the time of the accident.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Failed Motorcycle Inspections Can Impact Your Accident Case

    According to the Insurance Institute for Highway Safety, Virginia is home to nearly 200,000 registered motorcycles. If you own one, you’ll need to arrange to have an annual motorcycle inspection performed to help avoid liability in case of a potential motorcycle...

    How Long After a Car Accident Can Injuries Appear?

    In the immediate aftermath of a car accident, you might feel fine and not think you sustained any significant injuries. You might even refuse medical treatment on the scene of a car crash because you don’t sense anything is wrong. But you might be surprised to...

    How To Secure a Police Report for a Car Accident: A Complete Guide

    The first thing you should do after being involved in a car accident is call 911. A 911 operator can send police out to the accident scene to investigate your crash and create a police report. From there, it’s up to you to figure out how to secure a police...

    How Do Most Motorcycle Accidents Happen in Virginia?

    In 2022, over 2,000 motorcycle crashes occurred in Virginia, accounting for only 1.7% of all traffic collisions but over 10% of serious traffic injuries. If you’re a rider, you should be extra careful on the roads and avoid the motorcycle collision causes we mention...

    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald