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QuestionInsurance Question  I am the victim of a hit & run driver with injuries in Virginia. Although the driver hit me and ran, I was able to identify the person. If the police are able to locate the person and the vehicle and I can determine that they have insurance, can I collect for damages and medical expenses from his insurance as well as my uninsured motorist insurance?

AnswerAuto Insurance Answer

If the driver and car owner are located that hit your car and took off and if they were insured, you could put a claim in through their insurance policy. The required minimum insurance in Virginia includes bodily injury coverage of $25,000 per inured person for a total of $50,000 per accident, and property damage coverage of $20,000.

By putting in a claim with the at-fault person the insurance company, you should be paid up to these limits (or higher limits if the person has them). After that your under insured portion of your UM/UIM policy might kick in.

Uninsured/Under insured motorist coverage in VA applies when you are injured in an auto accident caused by a person who does not have coverage, a driver whose liability limits are not high enough to cover your bodily injuries or an unidentified hit and run driver.

According to the consumer auto insurance guide of the VA Bureau of Insurance, UM/UIM will pay for losses above the amount of insurance that the negligent driver has. However, the total amount of coverage you can collect from both sources (the at-fault party and your UIM Policy) will not exceed the amount of uninsured/underinsured motorist coverage you have purchased.

So it would appear that you might be able to make claim with your UM/UIM policy as well as the at-fault party's insurance coverage but under the guidelines stated above. You cannot get paid by both for the same expenses though.

If you at this time need to use your insurance and later the at-fault party is found and is insured, than your insurance might choose to subrogate (go after the at-fault party's insurance company) to recoup their loses for paying out on a claim that the other party was responsible for.

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