Virginia’s Uninsured Motorist Statute
Yes, if the injured person has uninsured motorist coverage available to them. Virginia’s uninsured motorist statute provides that a motor vehicle is considered uninsured if its owner or operator is unknown.
In hit-and-run accidents and other kinds of accidents caused by an unknown driver, an injured person can make an uninsured motorist claim under their insurance policy if that policy was issued or delivered in Virginia.
It is also possible for the injured person to make an uninsured motorist claim under the policy of the vehicle the injured person was occupying at the time of the car accident if the policy was issued or delivered in Virginia.
Moreover, it may also be possible for the injured person to make uninsured motorist claims under more than one policy, depending on what insurance the injured person has in their name, what coverage is available for the vehicle the injured person was occupying at the time of the accident, who the injured person lives with, etc.
It may also be possible for the injured person to make an uninsured motorist claim under a policy or policies issued or delivered outside of Virginia. Still, such claims will be governed by the state’s law where the policy or policies were issued or delivered.
Suppose the injured person has uninsured motorist coverage under an insurance policy issued or delivered in Virginia.
In that case, the injured person’s bodily injury claim can be presented to the applicable insurance company, like an injury claim would be presented to an insurance company insuring an identifiable person who caused a car accident.
However, Virginia’s uninsured motorist statute provides that when the identity of the owner or operator of a motor vehicle causing injury to a person is unknown.
Suppose there was no contact between the unknown driver’s motor vehicle, the injured person’s vehicle, or the injured person’s body.
In that case, the injured person must promptly report the accident to the insurance company providing uninsured motorist coverage or a law-enforcement officer with jurisdiction in the county or city where the accident occurred.
If it is not reasonably practicable for the injured person to make the report promptly, the report must be made as soon as reasonably practicable under the circumstances.
Suppose a settlement of the injured person’s uninsured motorist claim cannot be reached with the applicable insurance company or companies.
In that case, the injured person can bring a personal injury lawsuit against the unknown driver.
Under such circumstances, the defendant in the lawsuit is indicated as “John Doe.” Service of the lawsuit should then be made on all insurance companies issuing or delivering policies in Virginia that may afford the injured person uninsured motorist coverage. The insurance companies served with the lawsuit will have the right to defend the lawsuit in the name of John Doe.
If a judgment is ultimately entered against John Doe in favor of the injured person, then the insurance companies issuing or delivering policies in Virginia that provide the injured person uninsured motorist coverage will be obligated to pay the amount of the judgment up to the limits of their policies, if they have been adequately served.
Virginia’s uninsured motorist statute also provides for the order of priority of uninsured motorist policies if more than one Virginia policy is implicated in the case.
If one or more out-of-state policies provide uninsured motorist coverage to the injured person, then the state’s laws where the policy or policies were issued or delivered will govern them.
The requirements for the perfection of the injured person’s uninsured motorist claim will be prescribed by the state’s law in which the out-of-state policy or policies were issued.
Determining the availability of uninsured motorist coverage to an injured person is very complex and specific to the facts of the case.
We encourage you to contact one of our experienced personal injury lawyers in Virginia Beach. Our injury lawyers can assess what uninsured motorist coverage is available to the injured person and determine whether the injured person has satisfied his or her duties under the policy or policies and the applicable state law. Also, see Insurance Coverage Disputes Lawye.r
As in all personal injury cases, personal injury lawyers can also advise the injured person as to the value of the claim, guide the injured person through the process of making an injury claim with the applicable insurance company or companies, and represent the injured person in the litigation of the claim if a personal injury lawsuit becomes necessary.
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.
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