After a car accident, learning that the driver who hit you does not have insurance can create a new set of questions. You may worry about who will pay your medical bills, whether your own insurance will help or what happens if the other driver cannot cover your losses.
Although Virginia requires drivers to carry liability insurance, crashes involving uninsured motorists still happen. If an uninsured driver injures you, your uninsured and underinsured motorist (UM/UIM) coverage may become an important source of compensation.
What documents support your claim
After an uninsured driver accident, the insurance company will review records that describe how the crash happened and the injuries you sustained. Those records commonly include:
- A police report documenting the crash.
- Medical records and documentation of your losses, including treatment expenses and lost income.
- Photographs of the vehicles, the accident scene and your visible injuries.
- Witness information and statements.
- Insurance claim records and statements describing how the crash occurred.
These records help show how the accident happened and how it affected you. They can also help the insurance company evaluate fault and the extent of your damages.
How UM/UIM coverage can affect your recovery
If the driver who hit you has no liability insurance, your UM/UIM motorist coverage may pay for covered losses. If that driver’s policy does not provide enough coverage for your damages, your underinsured motorist coverage may apply instead. Depending on your policy, that coverage may include medical expenses, lost wages and other covered damages.
Filing a UM/UIM claim starts an insurance review. The insurer will examine the facts of the accident, evaluate fault and compare your losses with your policy. Virginia’s contributory negligence rule also applies during that process. If the evidence shows that you contributed to the crash, that finding may affect your ability to recover compensation.
What if you do not have UM/UIM coverage?
If your policy does not include UI/UIM coverage, recovering compensation may become more difficult. You may have a claim against the at-fault driver, but many uninsured drivers have limited financial resources. In some cases, another insurance policy may apply, although that depends on the facts of the accident and the available coverage.
How fault can affect your claim
Even if the driver who hit you does not have insurance, the insurance company will still evaluate who caused the crash. The evidence collected after the accident can influence how it reviews liability, your injuries and the value of your claim.
Every uninsured driver claim depends on the available insurance coverage, the facts surrounding the accident and the evidence supporting your injuries. Those factors can affect how the claim progresses and whether compensation is available under your policy.