Bad driver flees the scene!

Q: I was driving my car, when suddenly a car slammed into me, causing my car to veer off the road and hit a tree.  As a result I broke my arm.  The driver that hit me fled the scene. Who will pay for my medical bills, my time off from work and the pain I suffered?

A:  You may still recover damages for your injuries if another driver is determined to be at fault, and you have an Uninsured Motorist Policy. Also, you must report the accident asap. Under § 46.2-894 of the Virginia Code,” Uninsured motor vehicle means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of such insurance, (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of § 46.2-368, or (v) the owner or operator of the motor vehicle is immune from liability for negligence under the laws of the Commonwealth or the United States, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown…. the accident shall be reported promptly to either (i) the insurer or (ii) a law-enforcement officer having jurisdiction in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report shall be made as soon as reasonably practicable under the circumstances.

Note: The information in this column is opinions and is not meant to give legal advice.