What to Do If You Get into an Accident Without Insurance in Virginia?

Getting into a car accident is stressful enough — but if you’re involved in one without car insurance in Virginia, the situation can become much more complicated. Whether you’re at fault or not, driving uninsured can lead to serious financial and legal consequences. In this article, we’ll walk you through what steps to take and what to expect if you’re caught in this situation.

Table of Contents

1. Is It Illegal to Drive Without Insurance in Virginia?
2. Immediate Steps to Take After the Accident
3. What If You’re Not at Fault but Uninsured?
4. Penalties for Driving Without Insurance in Virginia
5. How to Handle the Financial Liability
6. Can You Still File a Lawsuit If You’re Uninsured?
7. Why You Should Contact a Virginia Accident Attorney
8. Final Thoughts

1. Is It Illegal to Drive Without Insurance in Virginia?

Virginia is unique in that it allows drivers to operate a vehicle without insurance, but only if you’ve paid the $500 Uninsured Motor Vehicle (UMV) fee to the DMV. This fee doesn’t provide coverage—it just makes it legal to drive uninsured. If you didn’t pay this fee and are driving without insurance, you’re breaking the law and may face steep penalties.

2. Immediate Steps to Take After the Accident

Regardless of your insurance status, take the following steps after an accident:

• Call 911 and report the accident.
• Check for injuries and get medical attention if needed.
• Exchange information with the other driver.
• Take photos of the scene, damage, and any injuries.
• File a police report.

Your uninsured status doesn’t change these immediate responsibilities, and it’s important to stay calm and cooperative.

3. What If You’re Not at Fault but Uninsured?

If the other driver is at fault, you may still be able to recover damages through their insurance. However, Virginia follows a “contributory negligence” rule, meaning if you’re found even 1% at fault, you might be barred from recovering any compensation.

Additionally, your uninsured status could be used against you in court, even if it doesn’t directly impact fault.

4. Penalties for Driving Without Insurance in Virginia

If you’re caught driving without insurance or without paying the UMV fee, you could face:

• A $600 noncompliance fee
  
• License and registration suspension
  
• $145 license reinstatement fee
  
• SR-22 insurance requirement for 3 years
  
• Potential jail time if other offenses are involved

The financial and legal consequences add up quickly, so it’s crucial to address them as soon as possible.

5. How to Handle the Financial Liability

If you’re at fault and uninsured, you could be personally liable for all damages, including medical bills, property damage, and lost wages. The injured party could sue you and get a judgment against your personal assets.

You may have the option to set up a payment plan through Virginia’s DMV Financial Responsibility Program, but it won’t erase the debt.

6. Can You Still File a Lawsuit If You’re Uninsured?

Yes, you can still file a lawsuit against an at-fault driver even if you’re uninsured. However, your lack of insurance might hurt your credibility, and if you were partially at fault, you could lose your right to any compensation due to Virginia’s strict negligence rules.

An experienced attorney can help build your case and push back against any bias you might face.

7. Why You Should Contact a Virginia Accident Attorney

When you’re uninsured and involved in an accident, your legal and financial risks are high. A skilled Virginia accident attorney can help:

• Explain your rights and obligations
• Negotiate with insurance companies
• Represent you in court
• Minimize penalties and financial exposure

Don’t try to handle this alone—legal guidance can make all the difference.

8. Final Thoughts

Getting into a car accident without insurance in Virginia can be overwhelming, but you’re not without options. The most important thing is to act quickly, understand your rights, and consult with a legal professional who can help you navigate the complex consequences.