Uninsured/Underinsured Car Accidents in Charlottesville

The law in Virginia states that insurance coverage on a vehicle is optional. While most responsible drivers will obtain an insurance policy that provides protection in case of bodily injury or property damage, the fact is that many people choose to drive without insurance. For a fee of $500, a person may legally drive in Charlottesville without car insurance.

A car wreck attorney may be able to help you in situations involving uninsured or underinsured car accidents in Charlottesville. This can include seeking compensation for underinsured motorist bodily injuries, as well as exploring every possible route for collecting proper payments.

Legal Rights After Collisions with Uninsured Motorists

All drivers have a duty to keep others safe while behind the wheel. This duty applies regardless of whether a driver chooses to obtain insurance or not. The point of having insurance is to provide a shield against personal liability for the damage a person may cause by being at fault for an accident. A driver who does not have insurance is personally liable for the totality of an injured party’s losses.

If you suffered injuries and the at-fault driver does not have insurance, you have a few options. If your policy provides protection against uninsured drivers, you can file a claim against the policy. However, if your policy lacks this protection, you will be tasked with pursuing the at-fault driver personally for the compensation you deserve. An experienced local lawyer could help you evaluate the level of insurance protection you carry and recommend legal steps toward collecting the necessary payments to set things right.

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Pursuing Compensation When a Driver is Underinsured

Many drivers in the Charlottesville area choose to obtain car insurance. Under Virginia law, these policies must provide a minimum of $25,000 protection for injuries that affect other people. Sadly, this is often insufficient to cover a person’s losses following a car crash. If there is a deficit in protection, the driver is considered underinsured.

When a driver does not carry sufficient insurance protection to cover the damages after a crash, he or she is personally responsible for any overflow losses. This can include outstanding medical bills, compensation for lost quality of life, or reimbursement for lost wages.

When you encounter an underinsured motorist, you might be able to file a claim for his or her overflow losses with your own insurance policies. This is only possible if your policy contains provisions for underinsured motorist bodily injury. In other cases, it may be necessary to demand payments directly from at-fault drivers to cover the difference. In either situation, the Code of Virginia § 8.01-243 dictates that injured parties in Charlottesville have two years after the date of an uninsured or underinsured accident to demand compensation.

An Attorney Can Assist You with Your Uninsured/Underinsured Car Accident in Charlottesville

Virginia is one of a few states that does not require drivers to obtain car insurance, which means a driver may be taking a personal risk in driving without protection. If a motorist causes a crash that inflicts an injury, he or she is personally liable for any resulting damage. If you suffered an injury in an uninsured or underinsured car accident in Charlottesville, you have the right to pursue compensation directly from that driver or your insurance policy if it contains the proper clauses.

An attorney at The Warren Firm may be able to help you if you have suffered injuries following a collision with an uninsured or underinsured driver. Reach out now to learn more.

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The Warren Firm

516 Locust Ave Charlottesville, VA 22902 (434) 322-5860

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