What happens if the negligent driver doesn’t have sufficient insurance coverage to fully compensate me?

Police Officer Inspecting a Motorcycle Wreck in the Middle of the RoadIf a negligent motorist causes your motorcycle accident, they are liable to compensate you for your injuries. Unfortunately, they may not have enough auto insurance coverage to pay you all the damages you deserve. Here is what you need to know about your options if the driver is underinsured.

How Much Liability Insurance Must Motorists Carry in Virginia?

Like other states, drivers in Virginia must purchase a certain amount of liability insurance coverage to compensate victims of a collision they cause. Drivers are required to carry these minimum limits:

  • $30,000 for the injury or death of one person or $60,000 for the injury or death of more than one person per accident
  • $20,000 in property damages per collision

Options for Recovering Damages Under Your Own Insurance Policy

If the negligent driver only had the minimum insurance required under Virginia law, it would be insufficient to compensate you for all your medical expenses, lost wages, and pain and suffering—even if you suffered a relatively minor injury. Depending on the motorcycle insurance optional coverages you purchased, you may be able to file a claim with your own insurance company. Types of coverage that could help you include:

  • Collision. Collision coverage would pay to repair or replace your motorcycle.
  • Towing and labor. This insurance coverage could cover the costs of towing your motorcycle or fixing a minor repair, such as a flat tire, caused by the collision.
  • Income loss. If you suffer serious injuries that require you to be off work, you can file a claim for your lost wages if you purchased income loss benefits.
  • Underinsured coverage. One of the best options for recovering compensation would be to file a claim under your underinsurance coverage. This optional insurance would pay for your medical expenses, lost wages, and pain and suffering not covered by the at-fault driver’s insurance company up to the amount of coverage you purchased.

Can You Sue the Other Driver?

Another option is to file a lawsuit against the negligent motorist and obtain a judgment against them. However, it is unlikely that the driver would have sufficient assets to pay you the total amount they owe you. Depending on their financial situation, the judge could allow them to make small payments to you over time.

You need the help of an experienced motorcycle accident lawyer to determine all your options for recovering the damages you deserve if the negligent driver was underinsured. To find out how we can assist you, call our Norfolk office at 877-960-3441 or fill out our online form to schedule your free initial consultation today.