When a driver acts negligently on the road and causes another person’s injuries, their insurance company has to cover the damages. However, if that driver does not have insurance or his policy is basic, the injured person may not get the money they deserve. If you were hurt in such an accident, you need to seek legal assistance. A dedicated car accident attorney with experience in uninsured/underinsured car accidents in Virginia Beach can explain your options and build a strong case against the negligent driver.
In Virginia Beach, uninsured and underinsured car accidents create two different situations. An uninsured driver is a driver who does not have any auto insurance. Meanwhile, an underinsured driver has an insurance policy with a limit that is not sufficient to cover the injured person’s damages. Accordingly, the approach to damage recovery can be slightly different for these two cases.
If the driver is underinsured, the injured person can recover damages from their insurance company and then explore other options for getting the rest of the money. If the driver is uninsured, the entire amount would have to be obtained from other resources.
In Virginia Beach and throughout the state, all auto insurance policies include uninsured/underinsured motorist coverage by default. However, drivers have the right to reject this coverage. When uninsured or underinsured car accidents occur, the injured party may pursue compensation through their own insurance provider.
The amount a person can recover with this coverage depends on the initial policy limits. For example, if the policy is for $50,000, and the damages are $40,000, then the insurance covers them. However, if damages are $100,000, the injured party can only receive $50,000. To recover the rest of the amount, they would have to pursue other options.
If insurance payments fail to fully cover the damage, the injured person may file a lawsuit against the negligent parties. In some cases, the driver bears sole responsibility. In others, third parties also share liability.
An experienced attorney could investigate the incident and identify all liable parties. If other traffic participants are responsible, it may be possible to file a claim with their insurance companies to recover the rest of the damages. Otherwise, the legal team could file a lawsuit against the at-fault driver.
When filing a lawsuit, the injured person and their legal team would have to prove that the driver’s negligent actions led to damages. This involves collecting all types of evidence, including medical records and witness statements. The state has a two-year statute of limitations for personal injury claims, so it is imperative not to delay legal action. Missing the two-year deadline is likely to result in automatic case dismissal.
Seeking compensation in uninsured/underinsured car accidents in Virginia Beach is often more complicated and time-consuming than when the at-fault driver is insured. However, even if you do not have uninsured/underinsured coverage, you can still recover damages.
At the Law Firm of Carlton F. Bennett, P.L.L.C., we have over 50 years of experience helping injured people fight for the money they deserve. Over these years, we have recovered millions of dollars in car accident cases and helped our clients get their lives back on track. Contact us today to schedule a free consultation and learn how we can help you pursue the full compensation you are entitled to under state law.
