You can follow every rule and do everything right. Despite that, you can still find yourself seriously injured by someone who never should have been on the road in the first place.
That’s a hard reality for many Virginians, and one that raises an important question:
What happens if the driver who hit you has no insurance at all?
Auto Insurance Is Mandatory in Virginia
Many people don’t realize this, but driving without insurance in Virginia is no longer just a paperwork issue.
For years, drivers could pay a fee and legally drive uninsured. That changed.
Virginia Code § 46.2-707
This statute makes it clear:
- Anyone who owns an uninsured motor vehicle registered in Virginia and allows it to be operated commits a Class 3 misdemeanor.
- Even if you don’t own the vehicle, operating a car you know is uninsured is also a Class 3 misdemeanor.
In other words, drivers are now required to carry insurance in Virginia.
And yet, uninsured drivers are far more common than most people expect.
When the Other Driver Has No Insurance, the Case Flips
When the at-fault driver has insurance, your claim is typically made against their policy.
But when the driver is uninsured, everything changes.
Instead of pursuing the other driver’s insurance company, you may be forced to pursue your own.
That’s exactly what happened in a case we handled recently.
A Real Case: Hit by a Drunk, Uninsured Driver
Our client was driving through Campbell County when a drunk driver with a suspended license ran a red light, made an illegal turn, and slammed into two vehicles.
His blood alcohol content was 0.37 — more than four times the legal limit.
After the crash, he fled the scene, drove home, and walked inside as if nothing had happened. Fortunately, a witness followed him, called 911, and police arrested him moments later.
Our client suffered serious injuries:
- Significant back injuries
- Damage to her left side
- Deep lacerations from shattered glass
- A severely injured wrist requiring surgery
- Months of physical therapy and recovery
As we gathered evidence, we discovered the most important detail of all:
The driver who hit her was completely uninsured.
Not underinsured.
Not minimally insured.
Uninsured.
And he had no assets — no house, no savings, nothing that could realistically be collected through a lawsuit. (Read more about that case HERE)
So Who Pays When the At-Fault Driver Can’t?
Virginia law answers this question, too.
Virginia Code § 38.2-2206
This statute requires that every auto insurance policy in Virginia include Uninsured and Underinsured Motorist (UM/UIM) coverage, unless the policyholder specifically rejects it in writing.
What does that mean in practical terms?
- The coverage you buy to protect others also protects you.
- If an uninsured or underinsured driver injures you, your own UM/UIM policy steps into their shoes.
In our client’s case, she carried $100,000 in uninsured motorist coverage.
Her medical bills alone exceeded $40,000.
The total value of her case — considering her injuries, treatment, and long-term impact — was well over $200,000.
But because there was no insurance on the other side, her UM policy became the only source of recovery.
A Policy Limits Case
We prepared the case as if it were going to trial. We documented:
- Every injury
- Every medical expense
- Every way the crash affected her daily life
After negotiations, her own insurance company offered $94,000, just below her policy limit.
She chose to accept the offer.
Why?
Because the alternative was spending months — and thousands of dollars — fighting a case that could never exceed the $100,000 cap imposed by her policy.
This is what’s known as a policy limits case:
The value of the case is higher than the insurance available to pay for it.
Why Your Insurance Limits Matter More Than You Think
Here’s the part most people never consider.
If you carry the minimum coverage ($50,000) that’s not just the most your insurer will pay if you hurt someone else.
That’s also the most you can recover if an uninsured driver seriously injures you.
Buying higher limits doesn’t just protect strangers.
It protects you, your family, and your future.
What to Do If You’re Hit by an Uninsured Driver
If this happens to you, here’s what matters most:
1. Get Medical Care Immediately
Your health comes first. Delays in treatment are one of the first things insurance companies use to argue you weren’t really hurt.
2. Notify Your Insurance Company
Report the crash and tell them the other driver was uninsured. Keep it factual and simple.
3. Talk to a Lawyer Before Giving a Recorded Statement
This is where many people make costly mistakes.
Once your own insurance company becomes responsible for paying your claim, the relationship changes. They may still be your insurer — but now they’re also defending the driver who injured you.
They are adverse to you in that moment.
A recorded statement, even an innocent one, can be used to limit or deny your claim later. A lawyer helps ensure your UM/UIM claim is presented properly, with the right evidence, at the right time.
Final Thoughts: Uninsured Drivers Change Everything
When the driver who hurt you has no insurance, the dynamics of your case change completely.
Early decisions about treatment, reporting, statements, and coverage can determine what you ultimately recover.
If you’ve been injured by an uninsured or underinsured driver, reach out. This is what we do every day.
