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Penalties for Driving Without Insurance in Virginia

Apr 28, 2021 | By Rand Robins | Read Time: 4 minutes

If you are driving without insurance in Virginia (VA), you are playing Russian roulette. That is because driving without insurance in VA can lead to significant consequences. If you have been in a car accident and were without insurance, there are additional risks and considerations. The best way to address a driving without insurance case is for you to hire experienced Virginia attorneys with a long record of success. Virginia Motor Vehicle Law Regarding Insurance The Virginia Department of Motor Vehicles (VA DMV) mandates that to purchase license plates or decals (the first step to legalizing your motor vehicle), you must certify that you have at least minimum insurance coverage for the vehicle. Virginia requires the following minimum coverage: Bodily injury/death of one person $25,000, Bodily injury/death of two or more persons $50,000, and Property damage $20,000. The State of Virginia must also have authorized your insurance carrier to conduct business in this state. Is There Any Way to Legally Drive Without Insurance In Virginia? If you do not have insurance, you must pay a required uninsured motor vehicle fee. Paying the DMV this uninsured motor vehicle fee is the only option to legally operate a vehicle without insurance. Therefore, if you drive without insurance in VA and have not paid the uninsured motor vehicle fee, you are driving illegally. This is ill advised, as doing so puts you at great legal risk. What Is the Fine for Driving Without Insurance? Virginia Criminal Code and the VA DMV address consequences for the act of driving without insurance and not in compliance with the uninsured motorist rule. The potential outcome for violating the insurance laws include a fine of $500 or more and a Class 3 misdemeanor conviction. You may also face suspension of: Your driver license,  Vehicle registration certificates, and  Vehicle license plates. Driving without insurance after falsely certifying that you have insurance adds additional financial penalties. These fees often include: A $600 non-compliance fee, and A $145 reinstatement fee. You may also thereafter be required to file proof of insurance and financial responsibility for three years. What Happens If You Are Caught Driving Without Insurance and Get in an Accident? You may face the most significant cost for driving without insurance if you are in an accident. As an uninsured motorist, you may be personally liable for any costs to you or the other driver. This is true even if you have paid the uninsured motorist fee, as that fee does not provide you with any insurance coverage. Without question, you will need legal help from car accident attorneys to manage the complexities that can come from criminal sanctions and lawsuits you may face.  What If I Didn’t Know My Insurance Expired? It is not relevant whether you knew that your once-valid insurance expired. If you are operating a vehicle without insurance and have not paid the uninsured motorist fee, you violate the law. How Can an Attorney Help Me? Accomplished attorneys who handle traffic and accident cases understand that people make mistakes. They are available to help people address those mistakes by protecting their rights during hearings regarding driving without a license.  A fallacy is that you do not need a lawyer if you are going to admit to guilt. You will need lawyers to represent you during that process to ensure that the judicial system hears your voice and that you are treated fairly during the process. A firm specializing in traffic offenses will also help you understand any obligations you may face for violation of the law. Along with offering the above, our attorneys in Lantz and Robins, P.C., are equally committed to fighting charges on behalf of our clients. If you have been stopped by law enforcement and charged with driving without insurance, we will begin by investigating the actions of the police. There are rules they must follow to stop someone, and we will hear from you to evaluate whether they followed those rules. Finally, you need a lawyer who can work with the DMV and prosecutors regarding fighting your charges if there is evidence to do so. Being charged with driving without insurance does not mean that the charge is always valid. Attorneys know the law and will be prepared to ensure parties in our judicial system are not acting beyond their powers in their attempts to charge, prosecute, and sentence you. All too often, people feel that they know how to handle their traffic and insurance cases. However, the knowledge, experience, and successful case history of Lantz & Robins, PC, cannot be overstated. It is well worth your time to seek a free consultation with one of our lawyers. Lantz and Robins, P.C.: Your Richmond, VA-Based Car Accident Lawyers Our firm focuses on car and traffic accident cases. We have extensive experience handling cases involving vehicle insurance issues. We are a compassionate team of lawyers, and we never stop working toward delivering the best results for our clients. Lantz and Robins, P.C., is grateful to have clients happy with our services time and again provide strong testimonials on our behalf. Lantz and Robins, P.C., is a firm you can trust to handle your case correctly and provide you with personalized service.  With Lantz and Robins, P.C., you are more than a number, and skilled, dedicated attorneys handle your case. We are based in Richmond, Virginia, and our team of experienced trial attorneys is ready to help. For more information or to schedule your free consultation, please call 804-938-6393 or reach us via our website.

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Is Talking on the Phone While Driving Illegal in Virginia?

Apr 28, 2021 | By Rand Robins | Read Time: 3 minutes

Distracted driving results in thousands of car accidents in Virginia every year. In an effort to combat a leading cause of distracted driving, many states enacted legislation prohibiting talking on the phone while driving.  Virginia passed legislation aimed to reduce the number of drivers using cell phones in 2007. In 2021, lawmakers determined the previous law was too lax and adopted a more stringent law for Virginia drivers caught talking on a phone while driving. If you have more specific questions about Virginia’s cell phone laws, reach out to our attorneys at Lantz and Robins, P.C.  Distracted Driving Statistics in Virginia The Virginia Department of Motor Vehicles reported in 2019 that 827 deaths occurred on Virgina roadways. 120 fatalities occurred due to distracted driving. Despite the staggering numbers, a large portion of car accidents are preventable. According to a study by the Virginia Tech Transportation Institute, distractions like cell phone use, reading, or searching for objects attribute to nearly 80% of all car accidents. The study, which was funded by the National Highway Traffic Safety Administration, found: Texting while driving increased the risk of a crash by two times; Activities performed while making a phone call increased the risk of a crash by three times; Hands-free phone use is safer than hand-held phone use; and The average driver takes his or her eyes off the road for 23 seconds total when sending a text message. The findings illustrate the dangers of distracted driving. Virginia Law on Cell Phone Use While Driving The former Virginia law prohibited the use of handheld personal communication devices in certain motor vehicles. The statute specifically prohibited using a cell phone to: Manually enter multiple letters or text into the device as a means of communication; or Read emails or text messages. The prohibitions applied only to a person operating a moving motor vehicle. The statute also outlawed a driver from holding a portable cell phone while driving through a highway work zone. The new law, HB 874, prohibits the operator of a motor vehicle from holding their cell phone while driving.  Exceptions Cell phone use is allowed when drivers are stopped or parked legally. Thus, talking on the phone in a parked car is not illegal in Virginia.  Drivers may use their cell phone while driving when attempting to report an emergency. Operators of emergency vehicles who are engaged in their official duties are not restricted from using cell phones. Penalties Virginia law imposes penalties on drivers who fail to comply with the prohibition of holding a cellphone while driving. The first offense results in a fine of $125. The second offense results in a fine of $250. Violating the statute in a work zone results in a $250 fine. Is Talking on a Phone in a Car Always Illegal in Virginia? Virginia’s strict cell phone law does not restrict all methods of using a cell phone. Drivers can use their cell phone’s Bluetooth or voice control capabilities to make phone calls as long as the phone is not in their hands. Under Virginia law, talking on a cellphone while driving is permitted for drivers as long as it is done by using the phone’s hands-free capabilities. Despite its legality, hands-free technology can contribute to distracted driving just like using a cellphone in your hand.  Do Cell Phone Laws Really Make Roads Safer?  Some form of prohibition on cell phone use while driving has been enacted in every state in the nation, except Montana. State laws prohibiting drivers from holding a cellphone while operating a motor vehicle are known as hand-held bans. Twenty-five states and Washington D.C. currently have hand-held bans in place. Every other state, except Montana and Missouri, prohibits text messaging while driving. Missouri prohibits texting only for drivers under 21 years of age.  According to a study published in the scientific journal Pediatrics, states with strict cell phone laws have succeeded in preventing certain fatalities.  The study operated on the assumption that distracted driving increases the risk of car accidents, especially in teenagers. With that in mind, researchers evaluated how state laws affected this behavior. The study included fatal crashes involving drivers and passengers between the ages of 16 and 19 between 2007 and 2017. They compared rates across multiple states that had different types of cellphone while driving laws.  The study found that there were over 38,000 fatal crashes in the requested time period. The data indicated that states with stricter cell phone use laws had lower fatality rates overall than states without. Outright bans on handheld cell phone use demonstrated the greatest decrease in fatalities. What Do I Do If I Received a Ticket for Talking on a Cellphone While Driving?  If you received a ticket for talking on the phone while driving in Virginia, don’t panic. The circumstances of the situation determine whether you truly violated the Virginia law on cell phone use. Our attorneys at Lantz and Robins, P.C., can help you determine what steps to take next. Michael Lantz and Rand Robins have decades of experience litigating complicated legal issues. If you are considering contacting an attorney about Virginia driving laws, all you have to do is dial our number. Contact us today for a free case evaluation.

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What to Do After a Richmond Car Accident

Jan 6, 2021 | By Rand Robins | Read Time: 2 minutes

Being in a car accident can be very emotional and scary. The moments following the initial impact can be filled with confusion and chaos. Knowing exactly what to do after a Richmond car accident may help calm your nerves.  Car Accidents in Virginia According to the Virginia Department of Motor Vehicles Traffic Crash Facts Report, there were 128,172 car crashes in 2019. Of those Virginia accidents, 827 had fatalities and 65,708 had injuries.  What to Do After a Richmond Car Accident If you are unlucky enough to be a part of those statistics, there are some important steps you should take following a car accident in Virginia. Understand That Safety Is Your First Priority Your first task should be to assess whether you and the people in your vehicle are safe. If there are extensive injuries or an emergency situation, call 911 without hesitation. Do not move a seriously injured person unless it is necessary. Wait for emergency services to arrive.  Do Not Leave the Scene of the Accident  Whether there are serious injuries or just a fender bender, do not leave the scene. If your vehicle is safe to drive, try and pull over to the side of the road so you are not blocking traffic. Turn on your hazard lights to warn other drivers to use caution when passing you.  Call the Police Even if the damage to people or property does not appear extensive, it is a good idea to call the police. The police will be able to evaluate the scene of the accident and get statements from both you and the other driver and passengers. A police report can be an important piece of evidence to have later on.  Do Not Admit Fault You will likely speak to multiple people about the accident immediately after it happens. These may include police officers, paramedics, the other party, and insurance agents. It is important not to admit fault in any situation. Certainly state the facts, but do not provide more information than you need to. If you have to go to court to receive compensation for damages, anything you say can be used against you.  Receive Medical Attention Sometimes little aches that appear to be minor can be significant in the long run. Even if you do not need to be rushed to the hospital, you should be seen by a doctor for any aches, bruises, or abrasions. Keep an accurate and detailed record of all medical expenses related to the Richmond car accident.  When Do You Need a Richmond Car Accident Lawyer? If you are in a Virginia car accident, damages should be paid by the insurance company of the party that caused the accident. Most insurance companies seek to avoid payout. This could mean a lengthy liability dispute and potential litigation if the settlement offered is unfair to either party.  The experienced personal injury attorneys at Lantz & Robins, P.C., can provide professional guidance and peace of mind while helping you navigate the legal system and preparing your case for the best possible outcome and the recovery you deserve. Contact us today for a free consultation.

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