Does Driving Without Insurance Harm My Personal Injury Claim?

Uninsured drivers concept.It is important to note that all drivers should carry insurance.  First, the state of Virginia requires that drivers must have a way to pay for injuries or property damage that result from a car accident.  You can do this by either: 1) Paying an uninsured driver’s fee of $500, which must be paid each time you renew your vehicle’s license plates, or 2) Purchasing car insurance with a minimum coverage of $25,000 for bodily injury/death of one person, $50,000 for bodily injury/death of two or more people, and $20,000 for property damage.  Next, having insurance serves as a protection against financial hardship for you in in the event of a car accident.  If you are in an accident and it is deemed to be your fault, your insurance will cover the costs related to any injuries and property damage on both sides.  Furthermore, if you are in an accident where the other driver is at fault and that individual is uninsured, your insurance will cover you.

Knowing this, what happens if you are uninsured and you are in an accident that is not determined to be your fault?  Does that impact your ability to bring a personal injury claim against the negligent driver?  The answer is no.  If you were hurt due to someone else’s negligence, you have the legal right to file a claim against the party that injured you.  Your failure to insure your car is not a factor in the accident, and therefore cannot prevent you from filing a claim or being awarded.

However, there is a worse cast scenario here, and that is the police could decide to bring charges against you for driving without insurance.  If you are in an accident and are uninsured, regardless of who is at fault, you should contact an experienced personal injury attorney for advice immediately.

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