Suing an uninsured driver can be worth it, but the answer depends on your specific circumstances, including your insurance coverage and the at-fault driver’s financial situation.
After a car accident, discovering the person at fault has no insurance creates a difficult problem. While you have the right to file a lawsuit to seek compensation for your injuries, winning the case is only half the battle. The real challenge is often collecting the money you are awarded.
This is because a person who doesn’t have car insurance often lacks the money or property to pay a court judgment. However, that isn’t always the case. Pursuing a lawsuit might be a necessary step toward financial recovery, especially if your injuries are severe. Consulting a car accident lawyer can help you understand all your options and make an informed choice about how to proceed.
Key Takeaways about Suing an Uninsured Driver
- Pursuing a lawsuit against a driver without insurance in Virginia comes with specific complexities.
- An individual’s own car insurance policy, particularly Uninsured Motorist (UM) coverage, often serves as the primary source for compensation.
- Even after winning a lawsuit, collecting payment from an uninsured person who lacks assets can be very difficult.
- Virginia law requires drivers to either carry liability insurance or pay a special fee to the state if they choose not to.
- A personal injury attorney can investigate all potential avenues for recovering losses after a car crash.
What Happens When an At-Fault Driver Has No Insurance?
When the person who caused your accident lacks auto insurance, there is no insurance company you can file a claim with to cover your losses. This means their insurer won’t be paying for your medical bills, lost income, or vehicle repairs. This can leave you in a tough spot, facing mounting expenses from a crash that wasn’t your fault.
Unfortunately, this situation is not uncommon. The Insurance Research Council estimates that more than 15% of drivers on the road are uninsured. When you are the one hit by that driver, you need to understand your options for getting the compensation you need to move forward.
Your First Step: Uninsured Motorist (UM) Coverage
In Virginia, your own car insurance policy is often the most important tool you have after being hit by an uninsured driver. State law requires insurance companies to offer Uninsured Motorist (UM) coverage as part of a standard auto policy. According to the Code of Virginia § 38.2-2206, this coverage is designed to protect you in this exact scenario.
A UM claim is filed with your own insurance company, but it functions as if you were filing against the at-fault driver’s policy. It can help you pay for a variety of damages, which typically include:
- Medical expenses related to your injuries
- Wages you lost because you were unable to work
- Pain and suffering connected to the accident and your recovery
Filing a UM claim is a practical and direct way to address your immediate financial needs without having to rely on the uninsured driver’s ability to pay.
When Should You Consider Suing an Uninsured Driver?
Even with UM coverage, there are times when suing an uninsured driver might be a strategic consideration. Your UM policy has limits, and if your injuries are severe, your damages could easily exceed the amount of coverage you have. For example, if you have a $50,000 UM policy but your medical bills and lost wages total $100,000, you have a significant shortfall.
The biggest challenge in suing an uninsured driver is the issue of collectibility. This term refers to the defendant’s ability to actually pay a court-ordered award, called a judgment. Understanding how liability varies across different types of car accident can also play a role in evaluating your case, especially when a person who cannot afford car insurance often does not have bank accounts, property, or other assets that can be used to satisfy a judgment.
However, a lawsuit might be a viable option under certain circumstances:
- The Driver Has Assets: If an investigation reveals the at-fault driver owns real estate, has a well-paying job, or possesses other valuable assets, a lawsuit may be worthwhile.
- Your Damages Are Severe: When your losses are catastrophic and far exceed your own insurance limits, a lawsuit may be the only way to seek full compensation.
- Another Party May Be Liable: The driver may not be the only responsible party. For instance, if the driver was on the job, their employer could be held accountable.
Deciding whether suing an uninsured driver is the right move for you requires a careful evaluation of the potential benefits versus the costs and difficulties of collecting a judgment.
Alternatives and Other Considerations in Virginia
Before focusing solely on the at-fault driver, it’s important to look at the bigger picture. A thorough investigation may uncover other parties who share responsibility for the accident. For example, if a faulty traffic signal at a busy intersection like those around Tysons Corner contributed to the crash, a government entity could be partially responsible. Similarly, if the driver was operating a company vehicle, their employer’s insurance policy might apply.
It’s also worth noting that Virginia has a unique system. Drivers in our state can legally operate a vehicle without insurance if they pay a $500 Uninsured Motor Vehicle fee to the DMV. This fee does not provide any insurance coverage. Instead, it only allows the person to register and drive a car at their own risk, and it does nothing to help the people they may injure.
Ultimately, exploring every potential source of recovery is key. An experienced attorney can help identify all liable parties and determine the best course of action for your specific situation.
Suing an Uninsured Driver FAQs
Here are answers to some common questions about dealing with accidents caused by uninsured drivers.
What should I do if the uninsured driver who hit me fled the scene?
A hit-and-run accident where the driver is not found is treated much like an uninsured motorist claim. You would typically turn to your own Uninsured Motorist (UM) coverage to seek compensation for your injuries and other related losses.
Can my own insurance policy cover my car repairs?
Yes, if you have collision coverage as part of your auto insurance policy. Collision coverage pays for repairs to your vehicle regardless of who is at fault for an accident. You will have to pay your deductible, but your insurance company may try to recover it from the at-fault driver if possible.
How long do I have to file a personal injury lawsuit in Virginia?
In Virginia, the statute of limitations—the deadline for filing a lawsuit—for most personal injury claims is generally two years from the date of the injury. However, the specifics can change depending on the details of the case, so it is important to understand the timeline that applies to your situation.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages.
situations, and you should not be penalized for using the coverage you have paid for.
Discuss Your Case with a Virginia Personal Injury Attorney
If you were injured in an accident caused by an uninsured driver, you likely have many questions about your rights and options. The process can be complex, but you don’t have to figure it out on your own. At Tysons Trial Law, PLLC, our personal injury attorneys are dedicated to helping people in McLean and across Northern Virginia seek justice and accountability.
We provide a thoughtful approach to litigation, focusing on smart, strategic decision-making to achieve transformative results for our clients. We are ready to listen to your story and explain how we can help. Contact Tysons Trial Law, PLLC, today to schedule a consultation and learn more about your path to recovery.