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Doug Landau
Doug Landau
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Victimized by an Uninsured Driver: Use Subrogation Action

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What happens when an uninsured driver hits you? Who pays for the medical bills that may result from that accident, when the at-fault driver is has an insurance policy that does not cover the damages to you and your vehicle?

If you have your own auto coverage, or are covered under another member of your household’s policy, you may have “Uninsured” or “Underinsured” motorist coverage. This type of insurance is generally mandatory for Virginia drivers. This insurance may enable you to collect against your own insurance policy. Your insurance company can then go against the negligent Defendant to try and recover its money in a “subrogation action.”

“Literally, subrogation means one person or party stands in the place of another. Subrogation issues surface when a person has been injured and someone other than the person or party at fault pays for all or some of the damages resulting from the injury. By definition, a subrogation claim allows the innocent paying party, … to stand in the shoes of the injured party.”

We at Abrams Landau Ltd. get calls all the time from people who have been injured in car accidents, where the other car owner had no insurance.

So, just because you may have been hit and injured by a deadbeat with no insurance, do not despair, there may still be other coverage available to help you and your family to recover from your injuries. At Abrams Landau, Ltd., we review our own clients’ insurance contracts in order to find coverage and protections that can assist them after an accident.

Remember: Do not under insure yourself! Many people don’t realize that auto insurance policies are meant to protect you, not just the people you may hit.