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Uninsured / Underinsured Motorist
Uninsured / Underinsured Motorist

As your lawyer, I do everything in my power to get you results.- Jim Hurley

Attorney at Cooper Hurley Injury Lawyers

Virginia Attorneys Advise You on Uninsured and Underinsured Motorist Accidents

Car accident attorneys help you throughout the Norfolk and Virginia Beach area

Carrying auto insurance surprisingly is not required in the state of Virginia. Many drivers choose to drive without insurance. Others choose minimal insurance coverage, making it increasingly difficult for victims to collect full compensation when they are injured in a car accident. At Cooper Hurley Injury Lawyers, we fight for your recovery if you've been injured by an uninsured or underinsured driver.

Uninsured motorist (UM) coverage

The Insurance Research Council estimates about 11 percent of drivers in Virginia lack auto insurance. If the at-fault driver has no auto insurance, you must look to your own uninsured motorist insurance for compensation — coverage carried by the owner of the car you were in when you were hurt. All Virginia policies have UM coverage that’s equal to the coverage you have to protect other folks you injure, unless you sign away this coverage. The UM insurance covers you if you are hit by an uninsured driver.

If you have a motor vehicle insurance policy in Virginia it will automatically include both uninsured and underinsured motorist coverage that equals the minimum policy limits for liability. It makes sense to have over and above the bare minimums to cover the cost of a serious accident.

Minimum liability coverage in Virginia

Virginia’s minimum liability coverage requirements are as follows:

  • Bodily injury or death of one person: $25,000
  • Bodily injury or death of two or more people: $50,000
  • Property damage: $20,000

If a driver carries only minimum coverage, he or she may be unable to compensate you fully in a vehicle accident. To protect yourself from a situation like this, be sure to purchase as much auto liability insurance coverage as you can afford. It will then provide you underinsured motorist (UIM) coverage from your insurance company if you or a family member is hurt by a driver with minimum coverage.

How underinsured motorist (UIM) coverage can help

Underinsured motorist coverage allows you to file a claim with your insurance company after an accident with an underinsured motorist. Your insurance company may then pay you up to the difference between your UIM limit and the limit of the other party’s insurance.

Unfortunately, even if you carry UM/UIM protection, your insurance company will try to reduce the amount of compensation it pays you — or reject your claim altogether based on a technicality. Our Virginia car collisions attorneys can help you file a strong UM/UIM claim or challenge any rejection you have received, pursuing the financial compensation you need to make a full recovery from your injuries.

Recent Changes in the UM/UIM System in Virginia

Legislation enacted in Virginia in 2015 has made it easier to process UM/UIM claims and made the personal injury compensation system faster and more streamlined.

In cases in which a claim is made against an at-fault driver after an accident with injuries, and there is coverage available both on the vehicle of the at-fault driver as well as the vehicle of the car that the injured person was in, we can now, under certain circumstances, obtain the payout from the first insurance company and give the money straight to the claimant who needs it immediately rather than waiting for both parts of the claim to be involved.

In almost three decades before the change in Virginia, you were unable to take money from the first insurance carrier under the liability policy until you had reached a deal with the second insurer, the underinsured motorist coverage or UIM. It was a considerably more cumbersome process.

Other sources of compensation

As experienced Virginia car accident lawyers, we know all of the other places we can look to for more insurance, such as:

  • Umbrella policies
  • Resident relative policies
  • Stacked coverage

We will explore every avenue possible to help you obtain the justice and compensation you need from an uninsured/underinsured motorist or any VA car accident with injuries.

Get the information and help you need if you've been in an accident with an uninsured or underinsured driver

If you or a loved one has been injured by an uninsured or underinsured driver in Virginia, our experienced Virginia UIM/UM personal injury lawyers can assist you and advise you of your rights. Please contact Cooper Hurley Injury Lawyers today by calling 757.455.0077 to schedule a free case evaluation. We have a main office in Norfolk and client meeting locations in Virginia Beach, Chesapeake, Portsmouth, Suffolk, Newport News, Hampton and on the Eastern Shore of Virginia but we can come to you if travel is difficult.

John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Injury Lawyers as an associate attorney. He became a partner in 2017.

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