Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Virginia attorney for guidance on your specific situation.
In Virginia, driving without automobile liability insurance violates state law. If the at-fault driver had no active coverage on the date of loss, injured parties still have several avenues for recovery:
- Uninsured Motorist (UM) Coverage
If you purchased UM coverage in your own policy, you can file a claim under Va. Code § 38.2-2206.1. This optional coverage steps in when the at-fault driver lacks insurance. You may recover bodily injury and certain property damage up to your policy limits. For the statute, see Va. Code § 38.2-2206.1. - Collision or Comprehensive Coverage
If you carry collision or comprehensive coverage, you can submit a claim to your insurer to repair or replace your vehicle, subject to your deductible. Your carrier may then seek reimbursement from the at-fault driver through subrogation. - Personal Lawsuit Against the Driver
You can sue the uninsured driver in civil court for negligence. If you obtain a judgment, you may garnish wages, levy bank accounts, or place liens on property. Note that collecting on a judgment can be time-consuming and depends on the defendant’s assets. - Criminal Restitution
Driving without insurance is a Class 1 misdemeanor under Va. Code § 46.2-706. Upon conviction, the court may order fines, license suspension, and restitution to you for your losses. Restitution can supplement your civil recovery but may not cover all expenses. - Virginia Automobile Insurance Plan (VAIP)
High-risk drivers who cannot obtain coverage privately can apply through the state-run VAIP. While this does not directly help injured claimants, it may allow the previously uninsured driver to maintain coverage going forward—important if further incidents occur.
Statute References
- Va. Code § 46.2-706 (Uninsured Motor Vehicle Violations)
- Va. Code § 46.2-472 (Proof of Financial Responsibility)
Helpful Hints
- Review your declarations page to confirm if you have UM or collision coverage.
- Report the accident promptly to your insurer and local police.
- Preserve all evidence: photos, repair estimates, medical bills, and witness statements.
- Track deadlines: statutes of limitation in Virginia generally require filing suit within two years of the date of loss (Va. Code § 8.01-243).
- Consult a Virginia attorney early to evaluate the strength of your uninsured claim and collection options.