After a collision, your claim usually stays within the limits of the at-fault driver’s insurance. A severe injury can change that, since the cost of major care sometimes climbs past what a smaller policy will cover. Should this happen, it can help to know what your options are for relief.
Protection under UIM policies
Virginia law requires every auto policy sold in the state to include underinsured motorist coverage or UIM. If the at-fault driver’s insurance does not cover your full losses, UIM allows you to recover additional compensation through your own insurer, stacking on top of the at-fault driver’s policy.
By default, your UIM coverage matches your own liability insurance limits. The state’s current minimum requirements are $50,000 per person for bodily injury, $100,000 per accident and $25,000 for property damage. If you choose higher amounts, your UIM protection increases accordingly.
Claims against personal assets
When coverage on both sides falls short, the driver who caused the crash may be personally responsible for the difference. A court judgment can extend beyond available insurance and reach a person’s own finances.
In practice, that can involve assets such as savings, property or future earnings through wage garnishment. Collecting a judgment, however, is a separate challenge from obtaining one.
Virginia law caps wage garnishment at 25% of the debtor’s disposable earnings. The state’s homestead exemption can shield up to $5,000 in personal property and up to $50,000 in primary residence equity, leaving less for a creditor to reach.
Income from Social Security, disability benefits and retirement accounts is exempt from garnishments as well. The responsible driver may also file for bankruptcy, which could discharge the remaining judgment balance and end the obligation to pay.
Barriers to full recovery
Virginia is one of a small number of jurisdictions that follow the pure contributory negligence doctrine. Under this rule, if you played any role in causing the accident, you may lose the right to recover damages from the other driver.
This makes liability a high-stakes element of any Virginia car accident. The doctrine may serve as a defense, and even minor evidence of shared fault can be enough to challenge an otherwise valid claim.
The state also imposes a two-year statute of limitations on injuries that resulted from car accidents.. Missing that deadline means losing the ability to bring the case in court, regardless of the merits.
Due to these challenges, consulting with an attorney can help you prepare your case. They can also evaluate the long-term financial impact of your injuries, including future care needs and diminished earning capacity.