James was struck by a car as he crossed Jefferson Davis Highway in Arlington, Virginia. He was rushed to Arlington Hospital. The driver fled the scene.
Pedestrians often suffer personal injuries caused by negligent drivers who flee the scene. Since the identity of the driver is unknown, the injured pedestrian is unable to sue the hit and run driver.
Fortunately, Virginia law provides a remedy. A pedestrian is allowed to bring a personal injury claim against the unknown motorist called a “John Doe” claim. The pedestrian’s own auto insurance company pays the claim. Because the pedestrian was not at fault, his insurance rates should not be effected.
The only requirement for a successful “John Doe” pedestrian accident claim is that the identity of the driver who negligently caused the accident is unknown. The pedestrian is not required to find the hit and run driver.
Many times a pedestrian is involved in a personal injury accident caused by a negligent driver who has no insurance. Virginia law requires auto insurance policies covering the pedestrian to pay the pedestrian’s personal injury claim against the uninsured negligent driver. An uninsured motorist claim is made with the pedestrian’s own insurance company. After settlement, the pedestrian’s auto insurance company often sues the negligent uninsured motorist to recoup the money it paid.
For a detailed discussion of Virginia uninsured motorist coverage, please consult Gerald Schwartz’s “Master of Advocacy Seminar” book entitled Auto Insurance Law - How To Get All The Coverage And Beat The Defenses, published by the Virginia Trial Lawyers Association. Uninsured motorist coverage is discussed at pages 12-32. To learn more, click here.
Woodbridge pedestrian accident lawyer Gerald Schwartz has been representing the victims of pedestrian accidents in Arlington and Woodbridge for 30 years. Gerald Schwartz has a statewide reputation as an expert on Virginia uninsured motorist coverage. Gerald Schwartz is past president of the Virginia Trial Lawyers Association. For a free consultation to learn your rights, call Gerald Schwartz at (703) 690-0055.