This is a frustrating situation that happens more often than people realize: You were clearly hurt because another driver was intoxicated. The police report supports what happened. The other driver has insurance.
But then you find out the insurance policy isn’t nearly large enough to cover your injuries.
What happens next?
You may be able to pursue compensation through your own uninsured/underinsured motorist coverage, depending on the policies involved and the circumstances of the crash.
That’s why finding out how much insurance is actually available can be just as important as proving who caused the accident.
What is underinsured motorist coverage?
Underinsured motorist, or UIM, coverage can protect you when the at-fault driver’s liability insurance isn’t enough to cover your damages.
Virginia’s State Corporation Commission explains that UIM coverage can apply when you’re injured by a driver whose liability limits aren’t high enough to cover your damages. Virginia auto insurance policies also generally include uninsured/underinsured motorist coverage, subject to the applicable law and policy terms.
Here’s a simple example.
Suppose you suffer $150,000 in damages after a drunk driver hits you.
The other driver has only $50,000 in available liability coverage.
That $50,000 may not come close to covering everything you’ve lost.
Your own UIM coverage may become very important.
For a free legal consultation call (703) 591-9829
What if the drunk driver has no insurance at all?
That’s a different but related problem.
Virginia’s uninsured motorist coverage can provide protection when you’re injured by an uninsured driver or certain hit-and-run drivers.
So even when the at-fault driver’s insurance company isn’t going to pay because there is no applicable liability policy, your own auto insurance policy may provide another avenue for recovery.
This is one reason you should not automatically assume that your case is worthless because the drunk driver didn’t have insurance. You’ll always want to consult with a DUI accident lawyer in Fairfax or a Virginia city close to you.
Does my own insurance company have to pay me?
Potentially, but you still need to understand what your policy provides and whether the legal requirements for coverage are satisfied.
And there’s an important practical point here:
Your insurance company may be involved in your claim even though you didn’t cause the accident.
That doesn’t mean you should assume the company will automatically calculate your losses the way you would. Your medical treatment, lost income, future losses, and other damages still need to be established.
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What if the drunk driver’s insurance company offers me money?
Be careful.
An early settlement offer can sound attractive, particularly when you’re dealing with medical bills and missed work. But accepting a settlement can have significant consequences.
Once you settle a claim, you generally cannot go back and ask for more money because your injuries turned out to be worse than you expected.
Before signing a release, you should understand:
- The full extent of your injuries
- Your expected future treatment
- Your lost income
- Available liability coverage
- Your own UM/UIM coverage
- Medical liens or reimbursement claims
- Whether other insurance may apply
- Whether the settlement fully resolves your claim
If you’re still treating for serious injuries, it’s worth getting advice from a Springfield DUI accident lawyer. before accepting a final settlement.
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How do I find out how much insurance is available?
This can require more investigation than simply asking the other driver.
A drunk driving injury lawyer may investigate the applicable insurance policies, policy limits, household coverage, and your own UM/UIM coverage. The details can get complicated quickly, particularly when several vehicles or insurance policies are involved.
That’s why serious injury claims shouldn’t necessarily be evaluated based on the first insurance letter you receive.
What if my injuries are worth more than all available insurance?
There may be additional options depending on the circumstances.
An attorney can investigate whether there are other applicable insurance policies or potentially responsible parties. That doesn’t mean every case will have another source of recovery. It means you shouldn’t assume the first policy you find is necessarily the end of the investigation.
How much insurance is required in Virginia?
Virginia’s current auto insurance guide identifies minimum liability limits for policies as $50,000 for injury or death of one person, $100,000 for injury or death of two or more people, and $25,000 for property damage.
Those minimum limits can be nowhere near enough for someone who suffers catastrophic injuries.
That is why the question isn’t simply: “Does the drunk driver have insurance?”
It is: “What insurance coverage is actually available to compensate me for my injuries?”
Frequently Asked Questions
Can I use my own insurance if the drunk driver has no insurance?
Potentially. Virginia requires policies offering motor vehicle liability coverage to include uninsured motorist coverage, subject to applicable law and policy terms.
What if the drunk driver has insurance, but not enough?
Your underinsured motorist coverage may provide additional protection depending on your policy and the circumstances of the accident.
Should I accept the drunk driver’s insurance settlement?
Don’t make that decision based solely on the first offer. Make sure you understand the extent of your injuries and all potentially available coverage first.
Can a DUI accident lawyer help with my own insurance company?
Yes. An attorney can help investigate available coverage and handle communications concerning your injury claim.
Call (703) 591-9829 or complete a Free Case Evaluation form