What Happens if the At-Fault Driver Has No Insurance in Virginia?

 Posted on January 31, 2026 in Personal Injury

As of 2026, if the at-fault driver has no insurance in Virginia, you may still be able to recover compensation. However, your options depend largely on your own insurance coverage and the steps you take after the car accident. While many people assume there is nothing they can do, Virginia law provides specific paths forward even when the other driver is uninsured.

Uninsured driving is a real and ongoing issue. According to data shared in 2025 by the National Association of Insurance Commissioners, research from the Insurance Research Council shows that 15.4 percent of motorists nationwide, or about one in seven drivers, are uninsured.

If you were injured in an accident, the Fairfax, VA car accident lawyer at Robinson Law, PLLC can help you understand how the rules apply to your situation.

Can You Use Your Own Insurance if the Other Driver Is Uninsured in Virginia?

In many cases, your own insurance policy becomes the main source of recovery. Virginia requires insurers to offer uninsured motorist coverage, which is designed to protect you in this exact situation.

Under Virginia Code § 38.2-2206, uninsured motorist coverage may help pay for medical bills, lost wages, and other damages when the at-fault driver has no insurance or cannot be identified. This coverage steps in as if it were the other driver’s policy, but insurers still review fault and damages closely.

Even though it is your own insurance company, disputes can still happen. Insurers may question how the crash occurred or whether your injuries are as serious as claimed.

What if the Uninsured Driver Left the Scene After a Crash in Virginia?

Hit-and-run crashes are often treated as uninsured motorist claims because the at-fault driver cannot be identified. These cases can be more challenging, but coverage may still apply.

Virginia Code § 46.2-894 requires drivers involved in crashes to stop and provide information. When a driver leaves the scene, uninsured motorist coverage may apply if the crash is reported promptly and policy conditions are met. Police reports, witness statements, and any available video footage can be especially important in these cases.

Can You Sue an Uninsured Driver Directly for an Accident?

You can file a lawsuit against an uninsured driver, but this option does not always lead to recovery. Many uninsured drivers do not have the assets or income needed to pay a court judgment.

In some situations, a lawsuit may still make sense, especially if the driver owns property or has a steady income. A lawyer can help you decide whether pursuing the driver directly is likely to be worth the time and cost.

What Deadlines Apply in Uninsured Driver Cases in Virginia?

Time limits still apply, even when insurance coverage is missing. Most personal injury lawsuits must be filed within two years of the accident. Missing this deadline usually means losing the right to recover compensation.

Insurance policies may also require prompt notice of the crash. Reporting the accident and filing claims early helps protect your rights.

What Should You Do After a Crash With an Uninsured Driver in Virginia?

Taking the right steps early can strengthen your claim and reduce problems later. After a crash with an uninsured driver, it is important to:

• Call the police and request a report.

• Get medical care as soon as possible.

• Notify your insurance company promptly.

• Keep photos, videos, and witness information.

These steps help support both insurance claims and any legal action that may follow.

When Should You Talk to a Lawyer About a Car Accident?

Uninsured driver cases often involve coverage questions, strict deadlines, and disputes with insurance companies. Legal guidance can be especially helpful when injuries are serious or fault is disputed.

A lawyer can review your policy, explain coverage limits, handle insurer communication, and identify any additional recovery options.

Schedule a Free Consultation With Our Fairfax, VA Car Accident Attorney

Attorney Robinson helps injured clients understand their options and protect their rights. He has more than 50 years of legal experience and will walk you through every stage of the claims process, protecting your rights.

If you were injured by an uninsured driver and need answers, contact our Fairfax, VA car accident lawyer at Robinson Law, PLLC by calling 703-844-3746 to schedule a free consultation. We are available 24/7 and work on contingency. That means you only pay if we win. Hablamos Español.