I was rearend but don't have insurance is the driver still liable for my damages

Asked about 4 years ago - Norfolk, VA

Is the person who hit me going to be responsible or since I did not have insurance they are off the hook

Attorney answers (4)

  1. James Robert Parrish

    Pro

    Contributor Level 9

    Answered . Most likely. In Virginia, the law basically states that if you are rear-ended while stopped (or nearly stopped), then the other driver is at fault (unless he/she has other evidence to explain why the accident happened like an unexpected brake failure or an unanticipated wet spot on the road).

    Whether you have insurance or not does not impact the other driver's liability/responsibility for damages he caused to you.

    I agree with one of the other answering attorneys who indicated that you should submit your property damage (or car damage) claim to the other driver's insurance company for payment.
    However, you may well need an attorney if you were physically hurt in the accident.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . The lack of insurance has nothing to do with liability. However, by not having insurance you may be responsible for the uninsured motorist fee of $500 and the filing of statements of financial responsibility with the DMV. File a claim with the other person's insurance company. If you have anything other than property damage, I suggest that you consult with a personal injury attorney.

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

  3. John Mark Cooper

    Pro

    Contributor Level 10

    Answered . The at fault driver does not get off the hook in VA in a car wreck just because you were uninsured. If the bad driver was insured you make your claim against his insurer regardless of your coverage. If you were hurt, please call me to talk about what we can do to help you. 460-7776.

  4. Michael L Saile Jr

    Pro

    Contributor Level 10

    Answered . It depends where your car accident took place. Some states have laws that say if you are an uninsured driver, that you forfeit your right to recover money in your case. You may have a right to recover funds from for your medical bills, lost wages and property damage to your vehicle.

    It is extremely important in this situation to consult with an experienced personal injury car accident lawyer.

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