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Old 03-16-2015, 02:40 PM
 
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Quick question. If I am hit by an uninsured motorist in VA, can I take said uninsured motorist to court for my deductible and any other costs I incur?
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Old 03-16-2015, 03:39 PM
 
Location: Chester County, PA
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I'm not sure why you couldn't, but I sort of doubt it would be worth the time and effort, especially since they were uninsured. Chances are, they'll never show up to court and, even if they do and you win, they probably won't have the money to pay you. Moreover, determining liability in auto accidents, especially once a court gets involved, is not always real clear cut. Aside from rear endings, most accidents are really mixed fault to one degree or another.
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Old 03-16-2015, 04:33 PM
 
Location: Metro Washington DC
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Quote:
Originally Posted by roninsedge View Post
Quick question. If I am hit by an uninsured motorist in VA, can I take said uninsured motorist to court for my deductible and any other costs I incur?
If the accident is their fault, sure. If you want to sue just because they didn't have insurance, I don't think so. However, I am not a lawyer.
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Old 03-16-2015, 04:41 PM
 
2,670 posts, read 4,517,184 times
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Quote:
Originally Posted by roninsedge View Post
Quick question. If I am hit by an uninsured motorist in VA, can I take said uninsured motorist to court for my deductible and any other costs I incur?
Why not talk with your insurance agent about this?

With some policies, if you are not at fault you don't pay the deductible; the other party is responsible for all of your damages. However, if this is a turnip from which you can't get blood/$, then you could discuss options with the agent.

See also:
http://en.m.wikipedia.org/wiki/Unins...otorist_clause
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Old 03-18-2015, 04:44 AM
 
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Besides seeking damage compensation, what else can be done? Can DMV pull this driver's license for operating a vehicle without insurance?
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Old 03-18-2015, 06:37 AM
 
Location: Chester County, PA
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Originally Posted by lqda4 View Post
Besides seeking damage compensation, what else can be done? Can DMV pull this driver's license for operating a vehicle without insurance?
Unless Virginia has an anomalous court system, brining a claim against another motorist for damages would be a civil action. In such an action, the court is not going to have any ability to suspend a license. That would need to be done in a traffic or criminal court, and those actions are brought by the commonwealth, not fellow drivers. Unless a responding police officer ticketed the uninsured driver, I'm guessing the DMV would not take any action.
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Old 03-18-2015, 08:27 AM
 
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Originally Posted by lqda4 View Post
Besides seeking damage compensation, what else can be done? Can DMV pull this driver's license for operating a vehicle without insurance?
Technically, you are allowed to operate a vehicle in VA without insurance; but you are required to pay a $500 "Uninsured" fee to the DMV. This is not insurance, and you are still personally liable for damages or injuries.
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Old 03-18-2015, 09:58 AM
 
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So what does this "uninsured" fee go and do? But I highly doubt any uninsured driver would be willing to declare him/herself as having no insurance and volunteering to pay that fee.
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Old 03-18-2015, 01:10 PM
 
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Originally Posted by lqda4 View Post
So what does this "uninsured" fee go and do? But I highly doubt any uninsured driver would be willing to declare him/herself as having no insurance and volunteering to pay that fee.
It penalizes those who don't buy insurance. The DMV's electronic database compares its records with those of insurance companies operating in the Commonwealth. While I suppose someone might squeak by for a month or three, eventually those who don't have insurance on their vehicles will be found.
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Old 03-18-2015, 05:43 PM
 
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Aren't alot of the illegal immigrants driving without licenses, thus no insurance?
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