Yes. A personal injury lawsuit is separate from a criminal DUI case. Even if the driver wasn’t arrested, the charges were dropped, or the driver was found not guilty, an injured person can still pursue compensation. Civil lawsuits have a lower burden of proof than criminal cases, meaning a DUI conviction isn’t required to establish liability for an accident.
Yes. Depending on your policy, uninsured/underinsured motorist (UM/UIM) coverage can provide additional compensation when the at-fault driver’s insurance isn’t enough to cover your injuries.
Yes. In Virginia, a resident relative policy can provide additional uninsured/underinsured motorist (UM/UIM) coverage when you’re injured in an accident, even if you weren’t driving a vehicle covered by that policy. If you live with a parent, spouse, or other qualifying family member, their auto insurance could help cover damages that exceed the at-fault driver’s policy limits.
Yes, in qualifying cases. Virginia law permits punitive damages against intoxicated drivers when specific legal requirements are met. Unlike compensation for medical expenses or lost income, punitive damages are intended to punish especially reckless conduct and discourage similar behavior.
Yes. Virginia’s strict contributory negligence law can prevent an injured passenger from recovering compensation if their own negligence contributed to the accident. Insurance companies sometimes argue that passengers knowingly accepted rides from intoxicated drivers. However, simply knowing someone consumed alcohol doesn’t automatically establish contributory negligence. The circumstances surrounding the passenger’s decision to accept the ride matter.
