The Person That Hit Me Does Not Have Insurance, What Can I Do?

Apr 25, 2022 | Auto Accidents

Accidents involving uninsured or underinsured drivers are far more common than you might expect. One in eight drivers on the road doesn’t have insurance. That’s why you should have uninsured motorists coverage on your policy to protect yourself and your vehicle in case you get in an accident with one of these drivers.

If the driver who hit you doesn’t have insurance, then hopefully you do. That way you can file the claim against your own insurance under the uninsured motorist statute.

Let’s take a deeper look into how this works and what you should know about car insurance policies pertaining to accidents with drivers who don’t have insurance coverage.

Uninsured Motorists Coverage in Virginia

Virginia does not require drivers to have insurance to register a vehicle. Instead, drivers can pay an uninsured motor vehicle fee of $500 at the time of registering the vehicle. They’ll be eligible to drive the vehicle without citations for 12 months. But this arrangement won’t cover expenses if the driver is involved in a collision with another vehicle.

Likewise, because Virginia takes this flexible approach to car insurance, policies are not required to include uninsured or underinsured motorists coverage. You should talk to your insurance agent about ensuring you have this on your car insurance policy to protect yourself in case you face an accident with a driver who chooses to operate a vehicle without insurance.

Many insurance companies also allow you to choose various limits for your uninsured and underinsured motorist coverage. Consider what amount of coverage would protect you in case of an accident and avoid policies that only offer minimum coverage.

Personal Injury Protection Coverage

Additionally, your car insurance policy might include personal injury protection (PIP) coverage. This provides payment for medical bills regardless of fault in a car accident. But once again, this is an optional addition to standard insurance policies.

Some policies refer to PIP as MedPay. Coverage under PIP or MedPay is limited but can help you recover from an accident with a driver who has no car insurance. It applies to both medical bills and missed work or lost wages due to injuries you sustained as part of a car accident.

 

Suing the At-fault Driver for Damages

Ultimately, the driver who hit you is responsible for the ensuing bills and damages regardless of whether they have car insurance or not. They are the ones who chose to get behind the wheel of a vehicle without adequate coverage to do so.

You can pursue a lawsuit against that person. The challenging part about this is, it generally takes several months or even years to recover damages in these situations. And even once you get a decision from the courts concerning your case, payments are generally in the form of wage garnishments, which can take years to receive enough money to cover your expenses.

Claiming the Accident on Your Car Insurance Policy

Finally, you can claim the accident on your car insurance policy. Some clients are apprehensive about this option due to the impacts it can have on their premiums. But minor premium increases will be far better than having to pay all expenses out of pocket after a car accident.

Some car insurance companies will reject the claim because another driver was at fault. Or they might question the necessity of your medical care. No matter the challenges you face in dealing with the car insurance company, you should discuss the matter with a car accident attorney.

Contact Geoff McDonald & Associates for a free consultation. During these initial discussions, we can work with you to find the best way to pay for your accident regardless of whether the other driver has insurance or not.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win





    Do I Still Have a Case if I Do Not Have 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....

    Can You Sue Uber if You Get Injured in an Accident?

    Experiencing injury due to a vehicular accident is difficult no matter what types of drivers are involved or who is at fault for the accident. When working through the details and getting your bills paid, your goal is always to walk away whole again. Uber ensures its...

    What Do I Do if an Insurance Adjuster Calls Me?

    Every attorney will tell you to be cautious about talking to an insurance adjuster without your lawyer present. Although, that won’t keep the adjuster from calling you. So what should you do if an insurance adjuster calls you directly? You have several options,...

    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