Clients dealing with a crash caused by an uninsured driver in Arlington tend to have a similar set of urgent questions. Here are direct answers to the ones that come up most often.
What Happens If the Other Driver Has No Insurance?
Virginia’s insurance rules changed in recent years, and according to the Virginia Department of Motor Vehicles, all registered vehicles in the Commonwealth must now carry active liability insurance rather than paying a fee in place of coverage. Even so, some drivers let coverage lapse or operate vehicles that are not properly registered. When this happens, an injured person generally cannot rely on the at fault driver’s policy and needs to look elsewhere for compensation.
Does My Own Policy Cover an Uninsured Driver Crash?
In most cases, yes. Virginia law generally requires personal auto policies to include uninsured motorist coverage matching the liability limits on the policy, unless a driver specifically rejected that coverage in writing. This means many people already have a path to compensation through their own insurer without realizing it until a claim like this comes up.
Can I Take Legal Action Against the Uninsured Driver Directly?
Filing a lawsuit against the at fault driver remains an option, but collecting on a judgment can be difficult if that person has few assets or no way to pay. An Arlington car accident lawyer will usually explore uninsured motorist coverage, underinsured motorist coverage, and medical payments coverage first, with a direct lawsuit considered when those sources fall short of covering the full loss.
What Should I Do at the Scene of the Crash?
A few steps taken early can make a real difference later in the claims process.
- Call the police and request a copy of the official crash report
- Photograph both vehicles, the surrounding scene, and any visible injuries
- Exchange information with the other driver even if insurance is uncertain
- Notify your own insurance company promptly to start the uninsured motorist claims process
Avoiding a recorded statement until you understand how it may affect your claim is generally a good idea as well.
How Is This Different From a Normal Insurance Claim?
Filing against an uninsured motorist policy means filing against your own insurer rather than someone else’s. This can feel unusual since the same company you have been paying premiums to is technically the one reviewing your claim. Some insurers still push back on these claims or attempt to minimize the payout, which makes careful documentation just as important here as it would be with any other driver’s insurance company. Keeping copies of every bill, repair estimate, and piece of correspondence related to the crash helps prevent disputes later about what was actually submitted and when.
Blaszkow Legal, PLLC has helped Arlington area clients sort through uninsured motorist claims for years, reviewing available policies and identifying every possible source of recovery.
Anyone dealing with a crash involving an uninsured driver can speak with an Arlington car accident lawyer to understand which coverage applies to their situation.
