Rivera v. Witt

In this appeal involving the uninsured motorist statute, we consider whether John Doe and an insured motorist later identified as John Doe are considered the same entity for purposes of the statute of limitations.

Shemette L. Rivera (Rivera) filed a motion for judgment on August 13, 1993 against John Doe, an unknown driver, for injuries she sustained in an automobile accident on January 23, 1992. Pursuant to Code § 38.2-2206 (the uninsured motorist statute), Rivera served a copy of the motion for judgment on Colonial Insurance Company of California (Colonial), her uninsured motorist insurance…