If you were injured in a crash and were not at fault but you do not report that car accident to your insurance, you will not be in any legal trouble, but you may be violating the terms of your insurance policy. If you were not at fault for the crash, this could mean losing out on successfully filing an insurance claim for certain coverages that you might have under your policy.
You are required to have auto insurance in Virginia, so you can use it when you need it. A Charlottesville car accident lawyer can assist.
There is No Legal Requirement to Report to Insurance
Virginia state law may require reports to be made to law enforcement, but it does not require you to report your accident to your insurance. This does not mean that your insurance will not find out about the accident, however. You are still required to have at least a minimum policy and to provide proof of your policy to law enforcement upon their request.
If you don’t report a car accident to your insurance, you could miss out on money that helps you through your recovery period and with shoring up your transportation situation if you need repairs or a replacement vehicle. It could take a while for the other driver’s insurance to pay out what we want them to, so your own insurance may be your best bet until then.
Not being required to report to insurance is not the same as the requirement to report your accident to law enforcement. Make sure you comply with the law as best as possible. Once you become unsure about anything, contact an experienced attorney to lead you through the steps to take after a car accident.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Reporting Your Car Accident Is Not the Same as Agreeing to a Settlement
Getting your accident reported to your insurance can get you on course to covering your expenses until the at-fault driver’s insurance kicks in. Your insurance will begin its own claims investigation to see if your claim is within your policy. During that time, hiring a lawyer to handle your case also gives you someone with legal experience who can talk to insurance companies.
Insurance companies will try to get you to agree to a settlement early on before you have had a chance to talk with a lawyer. You can benefit from knowing four tips for speaking to an insurance adjuster before you get legal representation to talk on your behalf. In short, stay calm, do not give a statement, get the adjuster’s information, and do not admit fault.
You can report your accident without divulging more information than necessary. Insurance adjusters investigate claims themselves and may not be entirely consistent with our findings. To resolve these differences, rely on your car accident lawyer to handle conversations with the insurer. We understand how they operate and can help you avoid a low or no settlement.
What the Law Does Say About Insurance Requirements in Virginia
Car insurance is required if you own and operate a car in the state of Virginia, according to Code of Virginia § 46.2-706. If you are caught driving without car insurance for your vehicle, you will be prohibited from driving or registering a car, in addition to paying fees, filing paperwork, and surrendering your license plate(s).
The insurance policy you obtain also has minimums in accordance with Virginia’s insurance requirements. These exist so that no matter how the insurance company catches wind of your accident, there is coverage sufficient for most situations.
Your insurance company will likely find out about your accident even if you do not report it to them yourself. In Code of Virginia § 46.2-372, it stipulates that law enforcement will confirm your insurance policy with your insurance after an accident, likely cluing them into the fact that you were in an accident.
What Can Happen if Your Insurance Remains Completely Unaware of Your Accident
If you do not report a car accident to your insurance, and they somehow never find out about it, you can be in a tricky situation financially, especially if you are unable to get compensation elsewhere. This would leave medical bills and vehicle repair costs up to you. You may be concerned about your insurance rates increasing, but other costs will also accumulate. Your insurance might be canceled for failing to provide notice of a loss.
If you are counting on getting compensation from another at-fault driver’s insurance, it is possible that your claim may not reach a satisfactory settlement if your case does not hold up in court. Depending on your policy, it could already be too late to submit a claim with your own insurance. This leaves you with the responsibility of covering your recovery expenses.
You could even be fully in violation of your policy if it requires you to report accidents in which you are involved. Being in breach of your policy could result in fees, increased insurance rates, or even the cancellation of your policy. That means you will need to obtain a new policy before you can legally operate your car again.
A Lawyer Can Help You Report an Accident to Your Insurance if You Are Unsure
Many people may be concerned about their insurance rates rising or being pressured into a payout that is less than what they are actually entitled to. If this is you, know that an attorney from MartinWren, P.C., can help you get through these talks with skill. We’ve been in business for over 15 years and have helped thousands of clients. We want to be there for you, too.
We can walk through any discussions you’d like to have about what would happen if you don’t report your car accident to your insurance. We want to make sure you have a smooth time recovering after your accident, even if you are at-fault to a degree. To answer all your legal questions, call an experienced lawyer today.
Call (434) 817-3100 or complete a Case Evaluation form
