Virginia Uninsured and Underinsured Motorist Coverage

Start with the problem your coverage may address

• Uninsured motorist: The responsible vehicle may have no qualifying coverage, an unknown owner or operator, or another circumstance that falls within the statutory definition.
• Underinsured motorist: The liability coverage applicable and available for payment may be insufficient in relation to the damages and UIM coverage afforded to the injured person.

Virginia Code § 38.2-2206 supplies the definitions and requirements. We first examine whether you qualify as an insured and what coverage applies. Having an insurance card or living with a policyholder does not answer every coverage question.

Two examples of the questions we investigate

Illustration: an injured passenger. You were riding in a friend’s car when another driver caused the collision. We review the responsible driver’s policy, the policy covering the occupied vehicle, and any other policy under which you may qualify as an insured. We do not assume every household policy can be added together.

Illustration: an unidentified driver. A driver forces your vehicle off the road and leaves without contact. Witnesses, existing video, the report, and prompt notice may matter. Under § 38.2-2206(D), qualifying unknown-driver, no-contact crashes must be reported promptly to the insurer or a law-enforcement officer with jurisdiction, or as soon as reasonably practicable if prompt reporting was not reasonably practicable.

These are illustrations, not Phoenix case results or promises of coverage. Your policy and facts control the analysis.

“Stacking” describes two different questions

Does UIM pay in addition to liability coverage? Section 38.2-2206(A) provides a no-credit calculation unless a named insured signs the election described in § 38.2-2202(C) to reduce UIM payments by applicable liability coverage available for payment. An election by one named insured binds all insureds under that policy.

Can more than one UM/UIM policy apply? That requires a separate review of entitlement under each policy. If more than one policy covers the injured person, § 38.2-2206(B)(2) generally prioritizes the occupied vehicle’s policy, then a non-involved vehicle policy under which the person is a named insured, then one under which the person is another insured. Same-priority policies have allocation rules. The elected liability-credit rule in subsection (B)(3) also requires careful application.

We resolve those questions before adding or subtracting policy limits. “Stacking” is not a shortcut to a reliable payment estimate.

Policy dates and written choices can change the answer

For policies effective on or after January 1, 2025, § 46.2-472(B) sets owner-policy liability minimums of $50,000 for one person’s bodily injury or death, $100,000 for two or more people, and $25,000 for property damage per accident. Those are insurance minimums, not the value of an injury claim.

Section 38.2-2202(B) addresses a named insured’s choice to reduce UM/UIM limits below liability limits, subject to statutory minimums. Subsection (C) requires the stated UIM-calculation notice for policies issued, delivered, or renewed after July 1, 2025. A limit reduction and a written election changing the UIM calculation are different decisions.

We review issuance, delivery, renewal, endorsement, election, and loss dates. The crash date alone does not answer every policy-history question.

Bring these documents to the coverage review

• The declarations page and complete policy for the period covering the crash.
• UM/UIM endorsements, renewal notices, selection forms, limit-reduction requests, and written calculation elections.
• The occupied vehicle’s details and information about potentially relevant household or other policies.
• Crash reports, witness information, photographs, and insurer claim numbers.
• Coverage letters, statement requests, proposed settlements, releases, and information about other claims from the same collision.
• Treatment and wage records showing the bodily injury losses.

You do not need a complete file before calling. We explain what is still needed and how to provide sensitive documents through an approved method.

Before you accept an offer or sign a release

An offer from one insurer may affect claims against others. We review notice, service, consent, release, and litigation requirements before advising you. Other payments from the same occurrence may affect coverage available for payment. We also evaluate fault, causation, and documented losses; UM/UIM insurance does not eliminate those issues.

Virginia Code § 8.01-243 generally sets a two-year period after a personal injury claim accrues to file suit. Exceptions and other notice requirements can affect your case. Negotiations do not replace a timely lawsuit; we check the dates and parties early.

Our claim-process guide explains how coverage review fits into investigation, negotiation, and litigation.

Questions you may be asking

Fees and the next step

Our personal injury agreement provides for attorney fees of 35% of gross recovery before a lawsuit is filed and 45% after litigation begins. We advance litigation costs, reimbursed from a recovery. Under that agreement, no recovery means no attorney fees or those case expenses owed to our firm. Medical balances and liens are separate. We explain the written agreement and potential deductions before you decide to retain us. See our fees and case expenses guide.

Ask Phoenix to review the insurance questions

The Phoenix Trial Firm is Black-owned and military-owned. Maxie Lawton brings his Army Ranger background and his own recovery from a traumatic brain injury to his work with injured clients. We serve these communities from our Hampton office at 2 Eaton Street, Suite 900, and Smithfield office at 1807 S. Church Street, Suite 200C. Call to arrange a consultation.

Request a free personal injury consultationCall 757-777-9285

This is general information, not advice about your particular matter. An inquiry does not create an attorney-client relationship; representation requires our agreement. Please wait for instructions before sending confidential or time-sensitive information.

Official Virginia resources

UM/UIM coverage statute · Coverage notices and elections · Owner-policy minimums · DMV insurance requirements · SCC auto-insurance guide