Accident in VA inv.uninsured/unlicensed driver. Who's at fault?

[Olds4ever]

What is the name of your state? Virginia

Hello,
Can anyone here point me to the Virginia Code that covers "at fault/no fault" accidents involving unlicensed/uninsured drivers? I was told about 15 years ago when I was quite young that "If you are in violation of VA law at the time of an accident, you are automatically at fault". I was speeding and the officer was in pursuit when a semi "bumped" into my car as he was changing lanes (and I was in the lane he was changing into trying to pull over for the officer). The officer cited me for speeding, located the semi at the next turnoff. I identified the vehicle (and it had red paint on the rear tire). Then I was told that I was "at fault" because I was in violation of the law (speeding) at the time of the accident. I explained that I could not pull over on a bridge, as there is no shoulder, so I proceeded to where I could pull over (and I wasn't speeding then) and that was when the incident occurred. He said that since he was "in pursuit" of my vehicle, I was still in violation of the law. I didn't argue it further.

I would really like to get out of a $135 insurance hike for this incident (over the next 3 years, reducing each year by 1/3 until it is cleared from my record). If it matters any, I was "at fault", as I rear-ended this unlicensed/uninsured driver and the car wasn't even his, but belonged to someone in California!

Thanks for your help,
Olds4Ever

 

[Happy Trails]

What is the name of your state? Virginia

Hello,
Can anyone here point me to the Virginia Code that covers "at fault/no fault" accidents involving unlicensed/uninsured drivers? I was told about 15 years ago when I was quite young that "If you are in violation of VA law at the time of an accident, you are automatically at fault". I was speeding and the officer was in pursuit when a semi "bumped" into my car as he was changing lanes (and I was in the lane he was changing into trying to pull over for the officer). The officer cited me for speeding, located the semi at the next turnoff. I identified the vehicle (and it had red paint on the rear tire). Then I was told that I was "at fault" because I was in violation of the law (speeding) at the time of the accident. I explained that I could not pull over on a bridge, as there is no shoulder, so I proceeded to where I could pull over (and I wasn't speeding then) and that was when the incident occurred. He said that since he was "in pursuit" of my vehicle, I was still in violation of the law. I didn't argue it further.

I would really like to get out of a $135 insurance hike for this incident (over the next 3 years, reducing each year by 1/3 until it is cleared from my record). If it matters any, I was "at fault", as I rear-ended this unlicensed/uninsured driver and the car wasn't even his, but belonged to someone in California!

Thanks for your help,
Olds4Ever

I know what your thinking. Hmmm, I never would have run into the guy if he wouldn't have been driving. Since he didn't have insurance and a license, he shouldn't have been on the road.

The law doesn't look at it that way. You caused an accident and you are "at fault". The other driver violated the law by not having insurance or a license, but he didn't cause the accident.

I did find this site interesting, but it hasn't been implemented in Virginia yet. But it only limits what an uninsured could sue for.

http://www.iii.org/media/hottopics/insurance/compulsory/?table_sort_630040=-2

The “No Pay, No Play” laws that ban uninsured drivers from suing for non economic damages such as pain and suffering.

Here is a link that may have additional information on how this will affect your driving record: http://www.statedrivinglaw.com/virginia-driving-law.html