What happens if I am in an auto accident that is not my fault and I do not have insurance?

In Virginia, like other states, you are required to have a certain minimum amount of insurance coverage in order to drive a vehicle. You must have the following insurance amounts:

• $25,000 per person and $50,000 per accident in bodily injury liability insurance coverage
• $20,000 per accident in property damage liability coverage
• $25,000 per person and $50,000 per accident in uninsured motorist insurance coverage for bodily injury
• $20,000 per accident in uninsured motorist property damage coverage with a $200 deductible for a hit and run accident

Here, we discuss your options for compensation if you suffered injuries in a crash that was not your fault, but you did not have this required insurance.

Your Options for Compensation When You Had No Insurance But Were Not at Fault

If you are in a wreck caused by another driver and did not have the required insurance, he may claim that he is not responsible for compensating you. However, this is not true. Virginia is an at-fault state, which means the driver at fault is responsible for fully compensating victims for their injuries. You have these options for obtaining compensation:

• You can file a claim for compensation for your injuries and damage to your car with the negligent driver’s insurance company.
• You can file a lawsuit against the negligent driver for any compensation that you are entitled to that is over the amount of his insurance coverage or for the full amount if he had no insurance. However, most people do not have sufficient cash or other assets to pay an accident victim the damages that he is owed, so you may not receive much money.

Even with these avenues for obtaining damages, you are limiting your options if you do not have required auto insurance as well as being in violation of Virginia law. For example, if the negligent driver’s insurance company is taking too long to settle your vehicle damage claim and you have your own insurance coverage, you could decide to file a claim with your own insurance company to get your auto repaired quickly. In addition, if the driver had no insurance, you could file a claim under your own uninsured motorist coverage. You could also pursue a claim for additional compensation under underinsured motorist coverage if you purchased this additional insurance and the driver’s policy was not enough to adequately compensate you.