Jan 21, 2026 | admin
Many Virginia drivers operate without insurance, making car accidents involving uninsured drivers a significant concern for residents throughout the state. If you’ve been hit by an uninsured driver, understanding your legal options and coverage protections is critical to recovering damages for medical bills, vehicle repairs, and other losses. This guide explains what happens after a car accident involving an uninsured driver in Virginia and the steps you should take to protect your rights. At CHASENBOSCOLO, our Virginia car accident attorneys help victims navigate these complex claims and recover fair compensation.
How CHASENBOSCOLO Helps Uninsured Motorist Victims
CHASENBOSCOLO helps Virginia car accident victims handle uninsured motorist claims with confidence. Our team of experienced attorneys understands Virginia’s insurance laws and works directly with insurance companies to pursue fair compensation for injuries and damages. We manage the legal details so you can focus on recovery. When you work with our attorneys, you gain an advocate who understands how insurance companies evaluate claims and what evidence strengthens your case. Contact CHASENBOSCOLO today for a free consultation to discuss your uninsured motorist claim.
Understanding Uninsured Motorist Coverage in Virginia
Virginia law requires all auto insurance policies to include uninsured motorist (UM) coverage, which protects you when the at-fault driver lacks insurance. This coverage pays for medical expenses, lost wages, and pain and suffering up to your policy limits. According to Virginia Code § 38.2-2206, Virginia requires all drivers to carry minimum liability insurance, which is why UM coverage serves as essential protection for every driver.
When you file a claim under your UM coverage, your own insurance company becomes responsible for compensating you for damages caused by the uninsured driver. You don’t have to pursue the at-fault driver directly. Your insurer handles the investigation and payment. However, insurance companies sometimes undervalue claims or deny them altogether, which is where legal representation becomes valuable. If you’re facing a claim denial or believe your settlement offer is unfair, our Virginia auto accident attorneys can help you understand your rights and challenge unfair denials. Many victims benefit from understanding how fault is determined in a car accident before proceeding with their claim.
What to Do Immediately After an Uninsured Driver Accident
Step 1 – Call Police and Document the Scene
Always report the accident to police, even if injuries seem minor. A police report creates an official record of the accident and helps establish liability. Request the police report number and obtain the other driver’s information, including their name, phone number, address, and vehicle details. Take photos of vehicle damage, road conditions, traffic signals, and any visible injuries. If witnesses are present, collect their contact information as well. Understanding how police reports influence your claim is essential to protecting your case. Learn more about how to request an accident report and what information you should gather at the scene.
Step 2 – Notify Your Insurance Company
Contact your insurance company promptly to report the accident, ideally within 24-48 hours. Provide factual information about what happened, but avoid admitting fault or speculating about injuries. Your insurer will guide you through the claims process and explain your UM coverage limits. Be honest but careful with your statements, as insurance adjusters document everything you say. Many accident victims make critical mistakes during this phase, which is why consulting with an attorney early can prevent costly errors. Knowing what not to say to an insurance adjuster can protect your claim significantly and prevent insurers from using your words against you.
Filing a Claim Against Your Uninsured Motorist Coverage
Your own insurance company will investigate the accident and determine liability. If the other driver is found at fault, your UM coverage will pay for damages up to your policy limits. Virginia law requires insurers to offer UM coverage with minimum limits of $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. Understanding these coverage limits is critical when evaluating your claim and determining whether you need additional legal representation.
The claims process typically involves submitting medical records, repair estimates, and documentation of lost wages. Your insurance company may request a recorded statement or medical examination. An attorney can help you prepare for these steps and prevent you from inadvertently harming your claim. Many accident victims accept settlement offers without understanding the full extent of their damages, which is why professional guidance matters. Our attorneys have successfully negotiated numerous uninsured motorist settlements and can help maximize your recovery. If your claim exceeds your insurance limits, you may have additional options available through a personal injury lawsuit.
When You May Need to File a Civil Lawsuit
If your damages exceed your UM coverage limits or the insurance company denies your claim, you may pursue a civil lawsuit against the at-fault driver. However, Virginia’s contributory negligence rule means if you’re found even partially at fault, you cannot recover damages. This strict rule makes it essential to have strong evidence of the other driver’s fault. Understanding Virginia’s personal injury claims process is crucial before pursuing litigation.
An attorney can evaluate whether litigation makes sense in your situation by reviewing the accident details, insurance coverage, and your damages. Some cases settle during negotiations, while others proceed to trial. The decision depends on the strength of your claim and the defendant’s ability to pay a judgment. Our trial-tested attorneys prepare every case as if it will go to court, ensuring you receive maximum compensation. If you’re considering filing a personal injury lawsuit, our experienced trial lawyers can guide you through every step of the process.
Frequently Asked Questions
What is underinsured motorist coverage?
Underinsured motorist (UIM) coverage protects you when the at-fault driver’s insurance limits are insufficient to cover your damages. For example, if the other driver carries only $25,000 in liability coverage but your medical bills total $75,000, your UIM coverage bridges the gap. Virginia law requires insurers to offer underinsured motorist (UIM) coverage alongside UM coverage, though policyholders may decline or reduce these limits in writing. Understanding the difference between UM and UIM coverage is critical for protecting yourself on Virginia roads.
How long do I have to file a claim after an uninsured driver accident?
Virginia’s statute of limitations for personal injury claims is two years from the accident date. However, you should notify your insurance company promptly, ideally within 24-48 hours of the accident, to avoid claim denial. For formal UM demands, Virginia law requires 45 days’ notice to the insurer before making a demand. Insurance policies often include strict notice requirements, so prompt reporting protects your rights. Don’t wait to contact an attorney if you’ve been injured in an accident. Understanding when to contact a personal injury lawyer can make a significant difference in your case outcome.
Can I recover damages if the uninsured driver is never found?
Yes. Hit-and-run accidents are covered under your UM coverage. Report the accident to the police and your insurance company immediately, and provide any identifying information about the other vehicle. You’ll need to demonstrate that you made a reasonable effort to identify the other driver, which is why police reports and witness statements are important. If you’ve been injured in a hit-and-run accident, our attorneys can guide you through the claims process. Many victims don’t realize they have options in hit-and-run situations.
What if I don’t have uninsured motorist coverage?
Virginia law requires all policies to include UM coverage, but you may have waived it in writing. If you lack UM coverage, your options are limited to suing the at-fault driver directly, which is often unsuccessful if they’re uninsured. This is why maintaining adequate UM coverage is a critical part of protecting yourself on Virginia roads. If you’re unsure about your coverage, contact our office for a free review of your policy. Understanding your auto insurance coverage is essential for financial protection.
Should I accept the insurance company’s first settlement offer?
Insurance companies often make low initial offers to settle claims quickly and inexpensively. Before accepting, consult with an attorney to verify the offer covers all your damages, including future medical care and lost earning capacity. An experienced attorney can negotiate on your behalf and help you understand whether the offer is fair. Our attorneys have recovered millions in settlements for injured clients and know how to evaluate settlement offers.
Get Help From CHASENBOSCOLO Today
If you’ve been hit by an uninsured driver in Virginia, don’t handle the claims process alone. CHASENBOSCOLO provides free consultations to evaluate your case and explain your legal options. Contact (301) 220-0050 to speak with an experienced car accident attorney who understands Virginia’s uninsured motorist laws and knows how to hold insurance companies accountable. Our team is ready to fight for the compensation you deserve.
