"If the accident was partly my fault, can I still recover benefits under the uninsured motorist part of my policy?"

The state of Virginia takes the Pure Contributory Negligence approach when deciding who is at fault for the accident. This approach states that if you were in any way at fault in the accident, you will NOT be able to recover for your injuries. This means that you will not be able to recover from your own car insurance policy, nor will you be able to recover from the uninsured motorist protection portion of the policy.

The uninsured motorist provision of your Virginia automobile insurance policy is designed to protect you if you were injured by the carelessness of someone else and they either have no insurance or inadequate insurance. It is not designed to get you money that you would otherwise not be entitled to under Virginia law.

If you want to know more about the personal injury claims process and how to make a claim through your car insurance, you can request our free guide on car accident claims in Virginia. This guide will help you make smarter choices about your case.

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney