Accident caused by an Uninsured Motorist

All automobile insurance policies issued in Virginia must include coverage for uninsured motorists, which protects the insured in the event of an automobile accident caused by an uninsured motorist.

Making a Claim

Before filing a lawsuit, a person injured in a car accident caused by an uninsured motorist can make a claim under his or her policy in much the same way as he or she would make a claim under the negligent driver’s policy if the negligent driver were insured.

Furthermore, the injured person may have uninsured motorist coverage available to him or her under multiple insurance policies depending on various issues, such as who the injured person lives with, whose vehicle the injured person was occupying at the time of the accident, the number of policies issued to residents of the injured person’s household, etc.

Availability of uninsured motorist coverage

Determining the availability of uninsured motorist coverage to an injured person is very complex and specific to the facts of the case, so we encourage you to call our personal injury lawyers in Virginia Beach regarding available coverage.

All automobile insurance policies issued in Virginia must also include underinsured motorist coverage, available to an injured person when the negligent driver’s liability coverage is less than the amount of uninsured motorist coverage available to the plaintiff.

Moreover, the same considerations described above regarding uninsured motorist coverage apply to determining the amount of underinsured motorist coverage available to an injured person.

The difference between underinsured motorist coverage and uninsured motorist coverage

The difference between underinsured and uninsured motorist coverage is that the liability insurance coverage available to the negligent driver offsets the amount of underinsured motorist coverage available to an injured person.

Like uninsured motorist coverage, determining the availability of underinsured motorist coverage to an injured person is very complex and specific to the facts of the case, so an experienced personal injury lawyer should be consulted regarding available coverage.

Suppose the injured person’s claim cannot be settled, and a personal injury lawsuit is filed. In that case, the insurance company or companies issuing applicable uninsured or underinsured coverage must be served copies of the suit papers. An insurance company served on an uninsured or underinsured motorist basis will have the right to defend the lawsuit like a named defendant.

Related Injury Law FAQ’s

In Virginia, can a defendant in a wrongful death lawsuit testify as to statements made by the decedent at the scene of the car accident?

In Virginia, can a person injured in a car accident bring a personal injury claim against the employer of the person responsible for the accident?

Schedule a Consultation With Preston, Wilson & Crandley, PLC

At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.

Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.

Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.

If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.

In Virginia, if I am injured in an automobile accident caused by a person who has no insurance or minimal insurance, what can I do?