Virginia is one of the few states that does not require drivers to carry the minimum liability auto insurance coverage if they pay a $500 Uninsured Motor Vehicle fee. If you were injured in a car collision caused by an uninsured driver in Norfolk or Virginia Beach, you may be very worried about whether you will be compensated for your injuries.
However, it is important to remember that you may still be able to pursue your right to damages. Consulting with an experienced Norfolk car accident lawyer at Tavss Fletcher is crucial to understanding your options and determining whether suing an uninsured driver is worth the effort and litigation costs.
Can You Sue an Uninsured Motorist Who Caused Your Norfolk Car Collision?
Legally, you have the right to sue an uninsured motorist who caused your car accident in Norfolk or Virginia Beach. However, before proceeding, it is essential to consider whether it is worth filing a lawsuit against them.
Uninsured drivers often lack liability auto insurance coverage because they cannot afford it. If they cannot pay for insurance, it may also mean they have limited assets to pay you. Suing an individual without assets can lead to difficulties in collecting compensation, even if you win the case. In addition, you will incur litigation costs when you file your lawsuit.
What Are Other Options to Recover Your Damages If an At-Fault Driver is Uninsured?
While suing an uninsured driver is one option, alternative avenues exist to recover the compensation you deserve if the at-fault driver lacks insurance. Consider the following options:
Uninsured Motorist Insurance Coverage
Under Virginia law, you are required to purchase uninsured motorist personal injury and property damage coverage as part of your auto insurance coverage. You must purchase a minimum of $25,000 per injury person and $50,000 per collision in uninsured and underinsured motorist personal injury coverage and $20,000 in property damage uninsured and underinsured motorist coverage. You can file a claim under this coverage if the negligent driver had no insurance or insufficient coverage to compensate you fully.
If you purchased other optional insurance coverages, you may have additional options for filing a claim under your auto insurance policy. Coverages you may have include:
- Collision
- Comprehensive
- Medical payments (MedPay)
- Lost income
Another Negligent Driver
If you were involved in a multi-vehicle wreck, multiple parties may be at fault for the accident. If another negligent driver contributed to the collision, you could pursue a claim against them to recover damages.
Other Parties
Depending on the circumstances of the car accident, other parties may be partially or entirely responsible for the collision. This could include a defective vehicle part manufacturer, a negligent repair facility, or a governmental agency responsible for road maintenance. In such cases, you may be able to seek compensation from these parties.