Virginia, like many other states, requires drivers to carry auto insurance (or pay uninsured moto vehicle fee to the Department of Motor Vehicles). Although you may never let your auto insurance lapse, there are drivers who do. Lapses might occur because a driver was out of state for some time or because the policyholder was struggling financially. Regardless of why another driver might not carry insurance, if an accident that leads to damage to your property and injury occurs, you might struggle to recover damages.
Here’s what you should do in instances when you caused the accident, or when the other driver does.
When You Caused the Car Accident
If you have no insurance and cause an auto accidentand another person is injured, that person can sue you for all of the damages that person suffered from the car accident. This could include medical bills, lost wages, property damage, and physical and mental pain and suffering.
If you do not have an automobile liability insurance policy, you are personally responsible for paying these damages to the injured person. In other words, you will have to pay them out of your own pocket. If the case goes to trial, the other driver may obtain a judgement against you.
Keep in mind that if the accident resulted in severe injuries or wrongful death, Virginia law entitles the other driver to bring a civil lawsuit against you for damages. Without insurance, you risk losing some or all of your assets in this situation. Additionally, if a Virginia court renders a judgment against you, your license, tags, and registration will be suspended until you have satisfied the judgment (which can be enforced immediately).
In some instances, if the other driver has uninsured/underinsured motorist coverage, that driver may resort to that coverage to pay for property damage and personal injuries. But, that doesn’t let you off the hook. You may face a subrogation claim from the other driver’s insurance carrier.
When the Other Driver Caused the Car Accident
If you were injured in a car accident caused by the other driver, there may still be certain restrictions on what you can recover against that driver, if you did not have your own car insurance.
In the event that the other driver caused an accident that resulted in permanent or catastrophic injuries, an experienced personal injury attorney, such as those at The Avery Law Firm, may be able to help you file a civil lawsuit against the driver who caused the accident. If the court rules in your favor, you may be able to recover damages for the costs of medical treatment, lost wages, future medical expenses, future lost wages, pain and suffering, loss of consortium, and other damages that apply to your situation.
Hire a Seasoned Car Accident Attorney in Virginia
Car accidents in Virginia that involve uninsured motorists can result in complex insurance claims and lawsuits. If you were injured in a car accident and you or the other driver let your car insurance lapse, it’s in your best interest to let a skilled car accident attorney handle your claim. The attorneys at The Avery Law Firm are ready and willing to represent you in your case today. To schedule a free consultation and case evaluation with a Fairfax personal injury attorney, please call us at 703-462-5050 contact us online today.