What Happens If the Person at Fault in an Accident Has No Insurance in Virginia?

Individuals wrongfully injured in a motor vehicle accident in Virginia have the statutory right to demand compensation for related losses. The Commonwealth of Virginia employs an "at fault" or "fault-based" auto insurance system for car accidents, which allows crash victims to pursue civil lawsuits or insurance claims against parties liable for a collision. However, while Virginia's negligence laws explicitly impose financial responsibility on at-fault drivers, navigating compensation for damages, injuries, or losses may become complex if the other party is uninsured. Furthermore, it may not be feasible to recover compensation if the victim was even slightly at fault for their own injury or loss. Driving without liability coverage or failing to pay the uninsured motor vehicle fee is classified under Virginia traffic violations and infractions, and may result in license suspension, reinstatement fees, and additional civil and criminal penalties.

Is It Illegal To Drive Without Insurance In Virginia?

Yes. Before mid-2024, Virginia allowed motorists to forgo traditional insurance by paying an annual $500 "uninsured motorist (UM) fee" to the Virginia Department of Motor Vehicles (DMV). This fee, however, did not provide coverage or guarantee compensation. The injured party had to rely on the uninsured driver's assets or their own UM/UIM coverage to recover losses.

As of July 1, 2024, the law (Va. Code Ann. § 46.2-706) was amended, and it is now illegal to drive without insurance in the Commonwealth. Virginia grades the offense as a Class 3 misdemeanor.

What Is the Minimum Insurance Requirement in Virginia?

Virginia law (Va. Code Ann. § 46.2-472) mandates specific minimum liability insurance coverage for all residents who own or operate a vehicle. This requirement ensures financial responsibility for losses caused by an insured vehicle. The current limits since Jan. 1, 2025, are:

• Injury or death of one person: $50,000
• Injury or death of two or more people: $100,000
• Property damage: $25,000

Additionally, every motor vehicle liability policy in Virginia must include Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM). UM/UIM coverage protects policyholders from bodily injury and property damage in collisions involving uninsured or underinsured drivers.

What To Do After A Car Accident With an Uninsured Driver in Virginia

Dealing with the aftermath of a collision with an uninsured driver in Virginia can be daunting, particularly when pursuing financial restitution. Nonetheless, the following guidelines may prove helpful.

Notify Law Enforcement

Va. Code Ann. § 46.2-371 requires drivers involved in a collision resulting in death or injury, or someone acting on their behalf, to notify the police immediately. This initial step is vital for several reasons: to ensure an injured party receives medical attention, to manage traffic effectively, and to create an official report that helps establish the facts of the accident to insurance companies or courts.

A voluntary report of a crash can also be made to the Virginia DMV using Form FR 200, especially if the reporting party suspects the other vehicle is uninsured or its owner is unknown.

Document the Scene

Involved parties may also personally document the scene, including photographs or videos of damages, eyewitness contact information, and noting the responding police agency, which can assist in pursuing financial compensation for damages and injuries.

Check for Uninsured Motorist (UM) Coverage

If under UM coverage, the crash victim can file a claim with their insurer to recoup losses, including medical expenses and lost wages.

File a Civil Lawsuit

If the at-fault party lacks insurance, and the victim has no UM coverage or other add-on coverage to mitigate costs, they may pursue a civil claim to seek financial recovery.

It is advised to seek legal counsel regarding civil and insurance claims due to the negligence of an underinsured or uninsured driver.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Being the victim of a crash while uninsured does not absolve a person of the legal and administrative repercussions of driving without insurance in Virginia. To the Commonwealth, operating a motor vehicle without insurance is a Class 3 misdemeanor (Va. Code Ann. § 46.2-707), punishable by a fine not more than $500. In addition, the DMV will suspend the offender's driving and vehicle registration privileges. To reinstate these privileges, the following will be required:

• A $600 non-compliance fee
• Financial Responsibility Insurance Certificate (SR-22) with the DMV for three years
• A reinstatement fee, if applicable.

Despite being uninsured, crash victims can still file an insurance claim against the at-fault party or sue them directly.

Can I Sue an Uninsured Driver in Virginia?

Yes. Virginia law makes motorists personally liable for the accidents they cause. Thus, anyone victimized by a crash in Virginia has the legal right to sue the at-fault party in the general district or circuit court.

Small claims (up to $5,000 in damages, exclusive of interest and attorney fees) are filed in the small claims division of the general district court. Generally, a two-year statute of limitations applies for personal injury claims, starting when the cause of action arises. Property damage claims are subject to a five-year limit (Va. Code Ann. § 8.01-243).

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Virginia?

If an accident victim is covered under an underinsured or uninsured motorist policy in Virginia, they may have bodily injury or property damage protection for accidents caused by an underinsured or uninsured driver. Beyond Virginia's mandatory coverages, additional auto insurance can be purchased, including:

• Collision coverage: Pays for vehicle repairs or replacements
• Medical expense benefits coverage: Addresses all reasonable and necessary medical and funeral expenses for the policyholder or passengers injured or killed in an accident
• Loss of Income Benefits Coverage: Covers income replacement of up to $100 per week for a maximum period of 52 weeks

What Is Uninsured Motorist Coverage in Virginia?

In Virginia, uninsured/underinsured motorist coverage is designed to protect policyholders in accidents involving drivers who are uninsured (have no insurance), underinsured (lack enough coverage), or who flee the scene. Va. Code Ann. § 38.2-2206 mandates that every motor vehicle liability policy include UM/UIM coverage equal to or exceeding the Commonwealth's minimum liability insurance. However, policyholders can opt to reject or reduce this coverage in writing.

What If I Don't Have Uninsured Motorist Coverage in Virginia?

Auto accident victims without UM coverage in Virginia can pursue compensation through other applicable coverages they hold. Barring the existence of such policies, they may commence a civil lawsuit against the at-fault party or report the matter to the DMV, which may lead to the suspension of the at-fault party's driver's license. Nevertheless, financial recovery may be challenging if the at-fault party declares bankruptcy or possesses protected or insufficient assets.

For accident victims whose physical injuries or fatalities are the result of a crime (e.g., DUI), state compensation may be available through the Virginia Victims Fund (VVF). This fund can help cover medical expenses, lost wages, funeral expenses, prescriptions, etc.

How Do I Get Compensation from an Uninsured Driver in Virginia?

In Virginia, an accident claim, usually a personal injury suit, is litigated when a moving or aggrieved party (someone affected by a collision with an at-fault driver) files a civil complaint in the general district or circuit court. The venue is typically the county where the incident occurred, or where the defendant/respondent lives, is employed, or conducts business. The civil court with jurisdiction depends on the amount of damages being claimed:

• General District Court
  • Exclusive authority over civil claims of $4,500 or less.
  • Claims not exceeding $25,000, except for personal injury and wrongful death cases where damages do not exceed $50,000.
• Circuit Court
  • Claims above $4,500 and up to and including $50,000 (has concurrent jurisdiction with the general district court).
  • Exclusive jurisdiction over claims exceeding $50,000.

Individuals filing a suit under § 16.1-122.1 in small claims court can refer to guidelines published by the Virginia Judiciary to take their case from pleading to judgment.

How Much Can You Recover From an Uninsured At-Fault Driver in Virginia?

Compensatory awards for accident cases in Virginia vary. The final amount is determined by several factors, such as:

• Severity of injuries
• Extent of contributory negligence
• Pain and suffering experienced
• Economic expenses (e.g., lost wages and medical costs)
• Insurance policy limits
• Court-imposed damages caps
• Accrued interest on a civil judgment (if entered)
• At-fault party's assets

Higher compensation is generally awarded when injuries are more severe or the impact on the victim's quality of life is greater.

How To Find Out If the At-Fault Driver Has Insurance in Virginia

If a collision case is litigated in Virginia, the existence and contents of the at-fault driver's insurance may be ascertained through the discovery process (see Rule 4:1(b)(2) of the Virginia Rules of Supreme Court).

Otherwise, involved parties can request a police crash report from the DMV by completing Form CRD-93 and submitting payment ($8 per report) to find out if an at-fault driver has insurance in Virginia. The report will detail any known insurance information. Accident/crash reports can also be acquired from the local agency that investigated the collision.

Are Accidents Public Record in Virginia?

Accident reports maintained by law enforcement and the DMV in Virginia are not considered public under Virginia's Freedom of Information Act. However, they are accessible to specific individuals, like those involved in the collision, their authorized representatives, or the insured's insurance company per Va. Code Ann. § 46.2-380.

Similarly, a person's Virginia driver or vehicle record, which includes collision history, is confidential according to Va. Code Ann. §§ 46.2-208 through 214 and is released only to the subject, certain employers, and authorized entities.

Despite these restrictions, accident-related case records maintained by the Virginia courts are publicly accessible under Titles 16.1 and 17.1 of the Virginia Code.

Can You Go to Jail for Causing an Accident Without Insurance in Virginia?

Driving without insurance, while a Class 3 misdemeanor in Virginia, does not result in a jail sentence. Falsifying proof of insurance is also categorized as a Class 3 misdemeanor. However, if a serious accident or fatality occurs, the charge can be elevated, potentially leading to imprisonment.

Can You Settle With an Uninsured Driver Out of Court in Virginia?

Yes. In Virginia, individuals can settle out of court with an uninsured driver. While oral agreements are legally binding under certain conditions, written settlements are advisable for enforceability.

However, before accepting an out-of-court settlement offer, one should ascertain if an uninsured motorist coverage claim can be filed and seek legal counsel from a personal injury attorney. This approach helps victims avoid undervalued settlements that might not adequately cover their injuries or losses, and allows them to explore other avenues for financial recovery.

Can I Get Compensation If I Was Partially at Fault?

No. Virginia's pure contributory negligence law bars accident victims from receiving compensation if they are found even 1% responsible for their injury. The law applies regardless of the degree of the at-fault party's negligence.