Car Accident Lawyer Virginia Beach
It was supposed to be a quick trip to the grocery store. Misty had just pulled out of her neighborhood when another driver blew through the stop sign and slammed into the side of her car. Her airbags deployed. Her door was crushed. She suffered from a broken wrist and neck injuries, and her car was undrivable.
Later, while at the doctor’s office, Misty learned something even more concerning—the other driver didn’t have car insurance. Her stress levels ratcheted up. How was she going to pay her medical bills? What about replacing her vehicle?
Even though it’s mandatory in Virginia to have car insurance, some drivers still don’t, and when they cause an accident, the victims are left wondering about their options.
At Shapiro, Washburn, & Sharp, we’ve helped many clients deal with this exact situation. It can be frustrating, confusing, and financially stressful, but we’re here to help. If an uninsured motorist injured you or a loved one, call our Virginia Beach car accident attorneys today at 833-997-1774 for a free consultation.
Isn’t Car Insurance Required in Virginia?
Virginia law does require all drivers to carry liability insurance to operate a vehicle on public roads. It used to be that drivers could opt to pay a $500 Uninsured Motor Vehicle (UMV) fee instead of getting insurance, but lawmakers recently eliminated this option. Now, all vehicle registrations require proof of insurance that meets the state’s minimum liability coverage limits.
According to Virginia Code 46.2-472, for all policies effective on or after January 1, 2025, every auto policy must have a minimum liability coverage of:
- $50,000 for bodily injury or death of one person
- $100,000 for bodily injury or death of two or more persons
- $25,000 for property damage
Though drivers caught operating a vehicle without the required insurance face severe penalties—including fees and suspension of their license—victims in an accident may still find themselves in a difficult situation, wondering how they will recover their losses. The good news is that you do have options.
Uninsured Motorist (UM) Coverage
Your best bet is usually to look to your own auto insurance policy for Uninsured Motorist (UM) coverage. In Virginia, auto insurance companies are required to offer UM coverage as part of every policy. It steps in to help pay medical expenses, lost wages, and other damages when you are injured in an accident with an uninsured driver.
The cost of UM coverage is relatively low compared to the protection it provides. In most cases, it adds only a small percentage to your overall premium but offers crucial protection in the event of an accident. You do have the option to decline this coverage, however. If you do, it will not be available to cover damages when dealing with injuries caused by an uninsured driver.
Filing a Lawsuit Against the Uninsured Driver
If you don’t have UM coverage—or if it’s not enough to cover all of your damages—you do have the legal right to sue the uninsured driver directly. However, this option usually doesn’t work very well because if the driver lacks insurance, they are also likely to lack significant assets or income. That means even if you win your lawsuit or secure a judgment, collecting on that judgment is likely to be difficult or even impossible.
Underinsured Motorist (UIM) Coverage
There is a related type of coverage you should be aware of. Let’s say the driver who caused the accident has insurance, but not enough to cover all of your damages. In that case, you may be able to recover from your own Underinsured Motorist (UIM) coverage. This applies when the at-fault driver has some insurance, but their policy limits are reached before all your damages are paid.
If you sustain $75,000 in damages, for instance, and the at-fault driver carries only the minimum required bodily injury coverage of $50,000, your UIM coverage could help bridge the $25,000 gap.
Like UM coverage, UIM protection is automatically included in Virginia auto insurance policies; however, you have the option to decline this coverage. Both coverages are usually bundled together, giving you comprehensive protection in case you are harmed in an accident by someone who has either inadequate insurance or no insurance at all.
How Can a Car Accident Attorney Help?
Dealing with a car accident is stressful enough without worrying about whether your damages will be covered. If the at-fault driver in your case was not insured or was underinsured, contact us at Shapiro, Washburn, & Sharp. We have decades of experience representing car accident victims, and we will explore every possible avenue of compensation, including your own insurance policy, the at-fault driver’s assets, and any other potentially liable parties.
We will also negotiate with the insurance companies on your behalf, which can be critical as some will attempt to minimize your payout, even on UM/UIM claims. We will help calculate the actual value of your claim, including future medical expenses, ongoing pain and suffering, and other long-term impacts, and then make sure the insurance company treats you fairly.
We offer a free initial consultation, so it costs you nothing to reach out and discuss your case with us. We’d be honored to help you, as we did for a disabled veteran who was hit by a negligent driver who ran a red light. We helped negotiate a $520,000 insurance settlement on her behalf.
You can find our offices in Virginia Beach, Norfolk, Suffolk, Hampton, and Portsmouth.