Uninsured motorist coverage is probably the most misunderstood form of car insurance in the state of Virginia and probably in most other states as well. I have had injured clients tell me that they are not happy about having to pay money for darn uninsured motorists operating on Virginia highways. What they do not realize is that the uninsured motorist coverage on their own car insurance policy in Virginia is probably the most important coverage they have. Why??
The reason that it is the most important coverage is because it provides insurance coverage for you or your family member if you are in a collision with an uninsured motorist!
What this means is that even if the person who causes your wreck is uninsured, your own insurance company provides insurance to you. How? Your own insurance company must actually retain a lawyer to represent the uninsured motorist in the case. How much insurance is available to you? It depends on the amount of your uninsured motorist coverage under your own policy and any other policies that might apply to you. If your policy calls for one hundred thousand dollars in uninsured motorist coverage, it essentially means that you can recover up to one hundred thousand dollars under your policy, even though your own insurance company has to hire an independent lawyer to represent the careless uninsured motorist.
The uninsured motorist law is a quite complicated beast and I can barely scratch the surface here. It takes an experienced injury lawyer to explain all the fine points. Be advised however that you want your uninsured motorist coverage to always be as high as your general liability insurance limits–so check your existing policy coverages. (General liability limits protect you up to the liability coverage amount if you are careless or negligent in a car accident, so be sure your uninsured motorist coverage is equal to the liability coverage amount). So, next time you get mad about uninsured motorist coverage, I hope you realize it could be the most important coverage you have against being injured by a drunk driver who has no insurance.
An experienced Virginia injury lawyer can explain all the fine points if you have questions. Or, send me an email if you were injured and would like some answers! Our firm’s general website is www.hsinjurylaw.com.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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