what will happen if you are in a car accident that is not your fault but you have no insurance. I live in virginia.

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what will happen if you are in a car accident that is not your fault but you have no insurance. I live in virginia.

Asked on June 9, 2009 under Accident Law, Virginia

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Virginia isn’t exactly the safest state for motorists when they are involved in a car accident. In fact, the state of Virginia has some of the most relaxed insurance requirements in the nation.  Because liability coverage is not required in Virginia, the state has made Uninsured Motorist protection mandatory for all Virginia drivers.  Uninsured Motorist protection helps cover repairs for damages to the insured’s vehicle and any medical expenses they have when the other driver is at fault but has insufficient car insurance coverage or if the insured’s vehicle is damaged during a hit and run.

Virginia is one of the few that does not require that its motorists maintain minimum liability coverage on their vehicles. Liability coverage helps pay for damages to the other driver’s vehicle and any medical expenses they may result from an accident in which the insured driver is responsible. Even though the state of Virginia doesn’t require liability coverage it is strongly recommended that all motorists maintain minimum bodily injury protection of $25,000 for a single person and $50,000 for multiple persons and $10,000 in property damage liability for their vehicle.

It is also strongly recommended that all Virginia motorists obtain Comprehensive and Collision coverage for their vehicles. In the event that the insured person is responsible for the accident, Comprehensive and Collision insurance will pay for their repairs and medical expenses, as well as covers repairs to the insured’s vehicle up to the blue Book value if the vehicle is totaled or if it damaged wildlife or other acts of nature.

If you have no insurance at all, I'm wondering if the police came to the scene of the accident and cited you for lack of UM coverage.  In any event, I hope, for your sake, that the at-fault driver had insurance so they can pay for your damages.  Contact the other  driver's insurance and make a claim for your property damage and/or injuries.


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