When you get in your car, you expect the drivers around you to be adequately insured, with enough coverage to compensate other drivers for crash-related injuries. If you have been in an accident caused by an uninsured or underinsured driver in the Richmond area, you may be able to recover compensation using your own insurance. Reaching out to a Richmond uninsured and underinsured motorist lawyer is a good first step toward recovery.
Call For A Consultation 804-570-7473
At Brooks & Baez, we believe that injured people deserve the compensation they need to move forward with their lives. The attorneys at our firm have decades of combined experience advocating for their clients, and they are equipped to help you, too. We are also a bilingual law firm, serving both English- and Spanish-speaking individuals with empathy and dedication.
Car accidents are a common occurrence in the United States, and Virginia is no exception to this rule. In the year 2024 alone, the state recorded a total of 129,244 car accidents. Those crashes resulted in 64,086 documented injuries.
In the United States, every state requires drivers to carry auto insurance that covers bodily injury to others, and states are responsible for setting their own minimum coverage requirements. Despite the legal mandate to carry auto insurance, many drivers do not have coverage or have coverage that does not meet the mandatory minimums for their state. As of 2022, about 14% of drivers in the country were uninsured.
In Virginia, all drivers are required by law to have uninsured or underinsured motorist policies included with their car insurance. This is established in Section 38.2-2206 of the Code of Virginia. This coverage is designed to compensate you for injuries resulting from car accidents caused by a driver who is uninsured or underinsured.
If you are in an accident with an underinsured driver, meaning that the total of your losses exceeds the limits of the other driver’s liability coverage, your underinsured motorist coverage kicks in to cover the difference. If, on the other hand, the other driver has no liability coverage at all, your uninsured motorist coverage can compensate you for damages, up to your coverage limit.
When you file a claim against your uninsured or underinsured motorist policy, you can recover damages in the same categories as you could if you were filing a claim against another driver’s insurance. The general components of a settlement include the following:
When you file an uninsured or underinsured motorist claim, you’ll be communicating with your own insurance company. However, that does not always mean that getting compensation for your claim will be easy. Insurance companies have a tendency to pay as little as possible, even when a claim should be covered under their policies. They may try to delay paying the claim, or they may question its legitimacy to avoid paying you fairly.
One way to preemptively protect yourself is to hire an uninsured and underinsured motorist lawyer to help you with the claim from the very beginning. Your attorney can gather information about the accident and your injuries, give you legal advice concerning what to document and how to keep track of it, and communicate with your insurance company on your behalf.
If your claim is denied or underpaid, your lawyer can push back against the insurance company and begin the process of arbitration. Through negotiation, your attorney can work toward a fair settlement between you and your insurance company.
Yes, under most circumstances, you can file an uninsured motorist claim if the other driver fled the scene. Because you do not know the identity of the driver and did not get any insurance information from them, they can be considered to be an uninsured driver, and your uninsured motorist policy should cover any injuries resulting from the accident.
It is difficult to say for sure whether filing an uninsured or underinsured motorist claim will cause your insurance premiums to increase. Technically, rate increases after filing such a claim are not prohibited, so your insurance company may elect to increase your rate. This is less likely if it is clear that you were not at fault for the accident.
Yes, Virginia operates under an at-fault system when it comes to car insurance claims. This means that the person who caused the crash is ultimately liable for paying any damages resulting from it. Liability is determined based on police reports, and insurance companies will not generally pay claims until liability is established. If you are at fault for an accident, you cannot typically file an uninsured or underinsured motorist claim.
Arbitration is a legal process in which a court-appointed person, called an arbitrator, helps to resolve a dispute by hearing both sides and making a legally enforceable decision, much like a judge would in a courtroom. If you have difficulty reaching a satisfactory settlement with your insurance company, your case may move to arbitration, during which your lawyer can negotiate for you.
If you have been involved in an accident with an uninsured or underinsured motorist in Richmond, and you need to file a claim for compensation, don’t do so without strong legal representation in your corner. Contact Brooks & Baez today to discuss your needs.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
you through the process to resolution.
Fields marked with an * are required
"*" indicates required fields
© 2026 Brooks & Baez• All Rights Reserved. Disclaimer | Site Map | Privacy Policy. Digital Marketing By: 
ES