Two year old daughter hit by uninsured driver has a broken femur...

by Joseph
(Hampton, Virginia)

My two year old daughter was hit by a car on the street. She is suffering a femur fracture as a result of the accident. The driver doesn't have auto insurance. I have $50,000/person uninsured motorist bodily injury coverage with my vehicle insurance company.

Will this cover injury to my daughter in this instance? How else could I pursue compensation for my daughter's medical bills, and pain and suffering? How much will be my maximum financial recovery? I live in Virginia. Thank you.

Visitor Question:
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ANSWER for "Two year old daughter hit by uninsured driver has a broken femur...":

Joseph (Hampton, Virginia):

Your uninsured motorist coverage is meant to cover you or those listed on your UIM policy for medical expenses and lost wages. In your daughter's case, she has no lost wages. However, you may have lost wages incurred while caring for your daughter during her time in treatment and convalescence.

Section 38.2-2206, Part A of the Code of Virginia states that all insurance companies must offer UIM coverage to the insured in an amount equal to or less than the insurance coverage provided for liability with 3rd parties under Section 46.2-472, which requires the insured to carry:

- $25,000 for injuries to one person in one accident
- $50,000 for two or more persons injured in one accident
- $20,000 for property damage

Because of the seriousness of your daughter's injuries, you would both be well-served to seek the advice and counsel of several personal injury attorneys in your area. Fortunately, most injury attorneys do not charge any fees for initial office consultations.

Make appointments and bring along copies of all of your daughter's medical bills and records, along with copies of receipts for your out of pocket expenses (such as medications, wheelchair, bandages, costs of travel to treatment, etc.), and verification of your lost wages (if you had to take time off from work to care for your daughter).

To read more about Virginia's Uninsured Motorist Law see:

The Virginia Uninsured Motorist Law: Its Intent and Purpose
by James L. Tucker

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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