Learning that another driver has no insurance—or that the available limits may be too small—can make an injury claim feel uncertain. It does not always end the coverage investigation. Your own policy, the vehicle you occupied, or another applicable policy may raise uninsured or underinsured motorist questions. The answer requires a review of actual coverage, insured status, and the facts.
What UM and UIM mean
Virginia Code § 38.2-2206 governs uninsured and underinsured motorist coverage. UM can address a qualifying uninsured or unknown driver; UIM can address insufficient applicable liability coverage. Both remain subject to legal liability, policy limits, insured status, and statutory conditions. A coverage label is not a promise of payment.
Bring more than an insurance card
An insurance card identifies a carrier and policy number, but ordinarily does not answer the full coverage question. Collect the declarations pages, complete policy and endorsements, renewal documents, and any signed coverage selections that are available. Keep correspondence about limits, denial of coverage, or a proposed settlement.
- Who owned the vehicle you occupied, and who insured it?
- Were you driving, riding as a passenger, walking, or using a rideshare?
- What personal auto policies may apply to you or your household?
- Was anyone driving for work, delivering items, or carrying a passenger through an app?
- Are several injured people making claims against the same liability limits?
These questions guide an investigation. They do not mean every listed policy applies or that every limit can be added together.
Coverage selections can change the calculation
Section 38.2-2206 addresses UIM coverage without a credit for available liability coverage unless a named insured makes the specified election to reduce payments. It also sets priorities when more than one UM/UIM policy applies. We examine the governing policy period and elections rather than promising a particular combined limit from a declarations page alone.
A practical first step is to keep the paperwork together. If an adjuster gives a coverage explanation by telephone, note the date, name, and explanation and ask for the relevant written policy position. Bring the actual wording to the consultation.
Unknown-driver claims need prompt attention
The statute contains particular rules for unknown drivers. Subsection D addresses prompt reporting when an unknown vehicle causes an accident without contact, subject to its stated practicability qualification. Subsections E and F address litigation and service requirements. An unknown-driver claim should be reviewed promptly rather than treated as an ordinary claim with a missing name.
Preserve what you know: the time and location, vehicle description, witnesses, recordings, and report information. Be accurate about what you personally saw. Do not fill a memory gap with a guess.
A settlement with one insurer may affect the next step
Before signing a release, identify the parties released, the coverage being paid, and the effect on remaining claims. Section 38.2-2206(K) provides a framework for specified liability-limit settlements while preserving UIM claims. Whether a proposed release fits that framework needs review. Do not assume that every release either preserves or destroys every other claim.
We examine fault and injury along with coverage
Coverage investigation does not replace the work needed to establish responsibility and injury. We review collision evidence, medical history, treatment, work loss, and the insurer’s position. A UM or UIM insurer may dispute those issues even though it is your own carrier. We explain the questions that remain and whether negotiation or litigation is appropriate.
Our Virginia UM/UIM guide and car-accident guide explain how we approach bodily injury representation across Hampton Roads.
Common questions
Can a passenger have UM or UIM coverage?
Potentially. We examine the occupied vehicle’s policy, other potentially applicable policies, insured status, and the statutory order. Passenger status alone does not establish a particular payment.
Does buying a high limit guarantee that amount?
No. Limits set a possible coverage boundary. Liability, injury proof, policy terms, elections, and other applicable conditions still matter.
Should I ignore a request from my own carrier?
No. Identify the request and any policy duty, preserve the deadline, and seek advice about how to respond accurately. A request from your own insurer may present different obligations from one made by another driver’s insurer.
Talk with Phoenix about your injury claim
The Phoenix Trial Firm is Black-owned and military-owned. We help injured people from our Hampton office at 2 Eaton Street, Suite 900, and our Smithfield office at 1807 S. Church Street, Suite 200C. Call 757-777-9285 or request a free personal injury consultation.
Learn more about our personal injury representation and attorney fees and case expenses. Representation and fee terms are governed by a written agreement.
About the author: Maxie Lawton is a Phoenix co-founder and former Army Ranger who represents injured people. His own recovery from serious injury informs his approach to client communication and preparation.
Virginia sources checked October 14, 2026. This article provides general information, not advice about a particular claim. Outcomes depend on the facts, law, proof, and available coverage. Contacting us does not establish an attorney-client relationship; representation requires our agreement. Please avoid confidential details in an initial inquiry.
