As a Virginia motorcycle injury lawyer, I know that the deceased's own insurance will have to pay. This policy provision called uninsured motorist, or UM, coverage is a part of standard driver's insurance that you may not have even paid any attention to.
How does it work? Simply put, your car insurance company provides a legal defense to the hit-and-run driver even if the person is never located, and the policy must pay up to the total uninsured motorist coverage provided; the exact value depends on the nature of the losses and the damages.
This was nearly the case in a recent motorcycle accident in Norfolk, Virginia (VA), near the 9400 block of Granby Street and Government Avenue. A driver hit a motorcyclist then fled the scene. Tragically, the rider of the motorcycle was killed in the accident. Police were able to track down and arrest the driver responsible. I know it's a small measure of comfort to the family who has lost a loved one, but at least they will be able to look the man in the eye who took the life of their loved one. If the at-fault driver has no insurance, then UM coverage will apply.
The attorneys with our experienced wrongful death law firm have created a free consumer guide to help families looking for information after a fatal car accident: Wrongful Death Report: What You and Your Family Need to Know.