I have just liability and uninsured motorist coverage policy what does this mean

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i was hit by a person and it was their fault i just have liability and uninsured motorist coverage on my policy . the other persons insurance co is trying not to pay because the driver is not on the policy . does my insurance have to pay then go after her

Attorney Answers

4
Erin Mcdevitt ·
I do not practice in Virginia but I can attempt to answer your question generally. Liability insurance is coverage that protects you when you are at fault and someone makes a claim against you. Uninsured coverage is coverage that protects you when someone else is at fault but that person does not have any liability coverage. If the at-fault driver's insurance company made a valid denial of coverage (this is a big "if") then you may be able to make a claim to your own carrier under your uninsured portion of the policy. Making a claim under the uninsured portion of your policy for a non-at-fault accident should not effect your rates. If you have not already done so, you should contact an Virginia personal injury attorney to review your claim and evaluate the legitimacy of the carrier's denial. Good luck. Erin M. McDevitt
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L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
What you're telling us, I think, is that you don't have collision insurance. And you got hit by someone who has insurance. So your insurance doesn't pay to repair the collision damage (since you don't have collision), and your uninsured motorist coverage doesn't pay to repair the collision damage because there's not an uninsured motorist involved. If the other guy caused damage, the other guy is on the hook. If the insurance won't pay, the cost of repairing the collision damage comes directly out of the driver' s pocket. Check with a Virginia lawyer if you need legal advice; I'm not licensed in Virginia. What I wrote above is not legal advice; it's just my take on the facts you present in light of general principles of law. Good luck.
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John Cooper ·
If the at-fault driver has no coverage for whatever reason, in VA,you can turn to your UM - uninsured motorist coverage - to step in as if it was the insurer for the at-fault driver. Some things like deductibles are different though. If there is an injury, you should talk to a lawyer who regularly handles car accidents. I can be reached at 800 752 0042. John Cooper
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
As soon as the adverse insurance carrier denies coverage to an adverse driver, that usually triggers the applicability of your uninsured motorist coverage. Contact your company and provide them with a copy of the denial of coverage letter and make your claim with your own company. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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