A driver’s insurance is supposed to cover the people they hurt, but that safety net does not always exist. When a cyclist gets struck by a driver with no insurance at all, or with limits too low to cover a serious injury, the case does not end there. Virginia law provides another path, though it comes from a source many riders never think to check: their own policy.
Why Uninsured Drivers Are a Real Risk for Cyclists
Cyclists face a particular kind of exposure on the road. A collision that would leave two drivers with dented bumpers can leave a rider with broken bones or worse, and when the at-fault driver has no insurance, that gap between injury and available compensation becomes a serious problem. A Richmond bicycle accident lawyer sees this scenario often enough that checking a client’s own coverage is one of the first steps in nearly every case.
What Uninsured Motorist Coverage Actually Does
Virginia requires insurers to include uninsured motorist coverage in nearly every auto policy sold in the state. Under Virginia Code Section 38.2-2206, that coverage pays for injuries caused by a driver who carries no insurance at all, and it extends to underinsured drivers whose policy limits fall short of the actual damages. The coverage exists specifically to fill the gap left by drivers who fail to carry adequate insurance.
How a Cyclist’s Own Car Policy Applies Here
This is where many riders get confused. Uninsured motorist coverage is not limited to crashes that happen while someone is driving their own car. In Virginia, this coverage generally follows the person, not just the vehicle, which means a cyclist struck by an uninsured driver can often turn to their own auto policy for coverage, even though no car of theirs was involved in the collision at all. This surprises people who assume that because they were on a bicycle rather than behind the wheel, their car insurance has nothing to do with the situation.
Common Situations Where This Coverage Applies
Uninsured motorist claims come up in a range of scenarios beyond the obvious ones:
- A driver flees the scene and cannot be identified at all
- The at-fault driver’s policy lapsed shortly before the crash
- The driver carries only the state minimum, far below the actual medical costs
- A phantom vehicle forces a cyclist off the road without ever touching the bike
Each of these situations can qualify for uninsured or underinsured motorist benefits, depending on the specific facts.
How Underinsured Coverage Differs From Uninsured Coverage
Underinsured motorist coverage applies when the at-fault driver does have insurance, but not enough to fully cover the injury. If a driver carries only minimal liability limits and a rider’s medical bills far exceed that amount, the difference can potentially be recovered through the rider’s own underinsured motorist coverage, once the driver’s own policy limit has been exhausted. This distinction trips people up constantly, since having some insurance and having enough insurance are very different things when a serious injury is involved.
Making a Claim Against Your Own Insurer
It can feel counterintuitive to file a claim against your own insurance company after someone else caused the crash, but that is exactly how this coverage is designed to work. A Richmond bicycle accident lawyer can help document the claim properly, since an insurer defending against its own policyholder’s uninsured motorist claim can still dispute fault or the value of the injury much like an opposing driver’s insurer would.
Getting Help After Being Hit by an Uninsured Driver
Discovering that the driver who caused your injury has no insurance can feel like the case is over before it started, but Virginia law anticipated exactly this problem. Blaszkow Legal, PLLC has helped injured cyclists across the Richmond area pursue uninsured and underinsured motorist claims for years, and understanding how to properly document and present this kind of claim can make the difference between recovering nothing and recovering what you actually need. If you were hit by a driver with little or no coverage, reach out so your own policy can be put to work on your behalf.
