Your legal options when hit by an uninsured driver

It is against the law to drive without insurance in all 50 states. Still, approximately one in 10 motorists in Virginia is without valid insurance, according to research by the Insurance Research Counsel. Drivers who are uninsured often simply fail to secure insurance, have a lapsed policy, or may be driving on a suspended or revoked license. Victims of a hit-and-run are also dealing with uninsured motorist issues.

The takeaway is that if you are in an accident through no fault of your own, there is a significant possibility the other driver will not have the insurance coverage you need to pay medical expenses and lost wages, among other costs. Even if the at-fault driver does have insurance, it is possible he or she carries minimum coverage, which may not adequately compensate you for your injuries.

So what can you do if hit by an uninsured or underinsured driver?

Ideally, your own insurance will step in through uninsured/underinsured motorist coverage. UM/UIM coverage varies by state, so where you live and drive can affect how your insurance works. Both D.C. and Virginia require UM/UIM coverage.

Uninsured/underinsured motorist insurance in Virginia

Virginia requires motorists to purchase uninsured/underinsured motorist insurance with minimum coverage of $25,000 for bodily injury per person, $50,000 for bodily injury per incident, and another $20,000 for property damage per incident.

When you seek to recover after an accident with an uninsured driver, your claim will be with your own insurance company. But just because it is your insurance company involved does not mean you will receive adequate compensation. Your own insurance company may contest the seriousness and cost of your injuries, for example.

UM/UIM motorist insurance in Washington D.C.

In Washington D.C., you are required to purchase uninsured/underinsured motorist insurance at a minimum of $25,000 per person and $50,000 per accident.

The District of Columbia also has an "Uninsured Motorist Fund." The fund compensates victims of auto accidents by uninsured/underinsured motorists when the individual does not have insurance of his or her own.

For example, if you are the passenger inside the vehicle of a driver who does not have auto insurance and the driver is involved in an accident with you inside the vehicle, you may be eligible for compensation from the fund. The Uninsured Motorist Fund is not applicable if you were driving without the required amount of insurance coverage.

UM/UIM coverage and insurance matters in car accidents can be complex

While the above is a brief overview of UM/UIM insurance matters, it is not intended to be a comprehensive overview. Every state has different laws regarding insurance policy coverage and exclusions. Negotiating with an insurance company over payouts can be a lengthy and intricate process. How much your insurance company will pay depends on your individual circumstances. However, it is important to note that just because you were injured by an uninsured driver does not mean you are without options or legal help. If you have questions about your own policy coverage and circumstances, speak to a personal injury lawyer familiar with accidents involving UM/UIM coverage.

No Comments

Leave a comment
Comment Information
Steven H. Dorne

Attorney Steven H. Dorne

Attorney Steven H. Dorne is an accomplished lawyer who practices in state and federal courts in Maryland, Virginia and the District of Columbia. He brings more than 30 years of experience and a long record of success to each case. His law practice is distinguished by careful preparation and thorough analysis of each case...

Learn More
  • Virginia Trial Lawyers Association
  • ABA
  • Trial Lawyers Association Of Metropolitan Washington D.C | Working For Justice
  • Maryland Association For Justice
  • American Association For Justice
  • MSBA

Call Or Email For A Free Consultation

If you have suffered a personal injury in a car crash or other accident, need help with another type of dispute, we are prepared to help. Contact our lawyer online or call 877-234-4179 to schedule an initial consultation. There is no cost or obligation to contact us. Se habla español. For your convenience, we have offices in Washington D.C., Rockville, Greenbelt and Fairfax.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Rockville Office
200-A Monroe St.
Suite 100
Rockville, MD 20850

Toll Free: 877-234-4179
Phone: 301-637-8078
Fax: 301-251-0730
Map & Directions

Rockville Office

Washington D.C. Office
1150 Seventeenth St. NW
Suite 305
Washington, D.C. 20036

Toll Free: 877-234-4179
Phone: 301-637-8078
Fax: 301-251-0730
Map & Directions

Washington Office

Capital Office Park
6305 Ivy Lane
Suite 408
Greenbelt, MD 20770

Toll Free: 877-234-4179
Phone: 301-637-8078
Fax: 301-251-0730
Map & Directions

Greenbelt Office

Fairfax Office
10521 Judicial Dr.
Suite 303
Fairfax, VA 22030

Toll Free: 877-234-4179
Phone: 703-722-6446
Fax: 301-251-0730
Map & Directions

Fairfax Office
  • Toll Free 877-234-4179
  • Maryland/D.C. 301-637-8078
  • Virginia 703-722-6446
  • Fax 301-251-0730
Back To Top