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Auto accident question

Lynchburg, VA |

My Insurance adjuster called and said that she would be filing my accident under uninsured motorist property damage so how does this play along with pain and suffering compensation

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Attorney answers 6


In Virginia, when you are hit by a driver who leaves the scene or who is uninsured, your own auto insurance handles the claim under your uninsured motorist coverage. There is no impact on recovery and your case is worth the same as it would be if the other driver was insured.

Hopefully you have adequate insurance to compensate you for your injuries. Good luck with your claim.

Brian Mccabe Glass

Brian Mccabe Glass


I should also add that you only get pain and suffering compensation if you were injured. If this is a "property damage only" then there is no pain and suffering compensation.



My wife did go to the ER from the accident scene and I went a few days afterward so she said that she would open up a bodily injury claim also for our injuries


Pain and suffering will be paid from your own insurance policy under an uninsured motorist property damage claim.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


Your pain/suffering will be valued just as it would with a normal accident case. Consult with an attorney in your area specializing in personal injury. Try using Avvo's "Find a Lawyer" service.

This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an attorney if you need further assistance.


Though you do not give any facts regarding the "accident," I assume the person who hit you does not have insurance or the driver took off and you do not know who hit you. In those circumstances you will be making a claim under your own policy for un-insured motorist benefits. Basically your policy says if the person who hits you is uninsured you can make the very same claim you would against that person but to your own carrier. Check your policy to see the your limits for this coverage. You can make a claim for what you purchased.
I suggest you get an attorney to handle the claim for you. Your insurance company is supposed to treat you fairly in such circumstance but I am sure you can understand they want to pay as little as possible and you want the fair value of your claim. Even paying a lawyer a fee, you will still come out ahead.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


You will want a local personal injury lawyer to handle it


I would add to the other answers that you need to at least consult with a personal injury attorney in the Lynchburg area. In addition to the uninsured coverage, you may also have a right to collect under health insurance and medical expense coverage for your medical bills. Even if your claim is too small to retain the attorney, he or she will be able to discuss these issues with you! Most injury attorneys will be happy to give you a free consultation to go over your claim. Good luck and I hope you have a quick recovery from your injuries.

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