Virginia Uninsured and Underinsured Motorist Coverage

Legal-source review: August 24, 2026. Reviewed and approved for publication by Dante Wright, responsible Virginia attorney, on August 24, 2026.

Uninsured-motorist and underinsured-motorist coverage can involve more than one policy, more than one type of election, and different policy dates. A declarations page or a shorthand reference to “stacking” does not answer every coverage question. This guide explains the review framework in general terms. It does not interpret a policy, calculate benefits, decide whether anyone is an insured, or provide legal advice about a particular crash.

Current Virginia Effective-Date Snapshot

• Policies effective on or after January 1, 2025: Virginia Code § 46.2-472(B) states owner-policy liability minimums of $50,000 for bodily injury to or death of one person, $100,000 for bodily injury to or death of two or more people, and $25,000 for property damage in one accident.
• UM/UIM limit notice: Virginia Code § 38.2-2202(B) states that an insured is entitled to purchase UM/UIM limits equal to the liability limits on the policy. A named insured may reduce those limits, but not below the financial-responsibility limits in § 46.2-472. A reduction by one named insured binds all insureds on that policy, and a later increase requires a specific request to the insurer.
• Policies issued, delivered, or renewed after July 1, 2025: § 38.2-2202(C) requires a notice explaining that UIM coverage pays applicable damages in addition to applicable bodily-injury or property-damage liability unless a named insured chooses a different calculation. A request to change the calculation must be in writing, binds all insureds on the policy, and a later change must also be in writing.
• Current statutory calculation rule: Virginia Code § 38.2-2206(A) states that UIM coverage is paid without a credit for liability coverage available for payment unless a named insured signs the election described in § 38.2-2202(C) to reduce UIM payments by applicable liability coverage available for payment.

The dates above describe statutes and policy events, not a universal answer based only on the crash date. Issue, delivery, renewal, endorsement, election, and loss dates may matter. The complete policy history and current law must be reviewed before applying any rule.

The Virginia DMV insurance-requirements page also lists the current liability minimums for policies effective on or after January 1, 2025. Minimum limits are not a promise that a particular amount is available for a claim, and they are not a calculation of damages or payment.

UM and UIM Address Different Coverage Problems

Section 38.2-2206 defines an “uninsured motor vehicle” to include several circumstances, such as the absence of the required liability coverage, a liability insurer’s denial of coverage, the absence of a qualifying bond or deposit, certain self-insurance issues, and an unknown owner or operator. An underinsured vehicle is defined through a comparison involving liability coverage applicable and available for payment, the damages sustained, and the UIM coverage afforded to the injured person.

Those statutory definitions are more precise than simply asking whether the other driver had insurance or “enough” insurance. Insured status, applicable coverage, other claims from the same occurrence, damages, policy limits, and policy terms all may affect the analysis. This page does not determine whether a vehicle is uninsured or underinsured in any individual matter.

Why “Stacking” Needs a Precise Definition

People sometimes use “stacking” to describe two separate questions. The first is whether UIM payment is calculated in addition to applicable liability coverage or is reduced by a credit under a valid written election. The second is whether an injured person is entitled to UM/UIM coverage under more than one policy and, if so, the order in which those policies respond. Treating those questions as interchangeable can produce the wrong conclusion.

The current statutes do not support a rule that every listed policy limit may always be added together. Entitlement under each policy must be established first. Any written election, the person’s status under the policy, the vehicle occupied, the priority rules, available liability coverage, and payments arising from the same occurrence may matter.

Coverage-Layer Review Map

This is an issue-spotting sequence, not a payment calculator.

1. Identify the event and people. Confirm the vehicles, occupants, owner or operator information, household relationships, and which person sustained bodily injury or property damage.
2. Identify liability coverage. Obtain the complete liability policy information and determine what coverage is applicable and “available for payment” under the statutory definition, including whether other claims arose from the same occurrence.
3. Identify every potentially relevant UM/UIM policy. Begin with all policies covering the occupied vehicle, then examine non-involved vehicle policies under which the injured person may be a named insured or another insured.
4. Verify entitlement and priority. Apply the policy language and § 38.2-2206 to determine whether the person is entitled to coverage and, only then, the statutory order of payment.
5. Locate every limit and election. Review declarations, endorsements, applications, notices, renewal records, limit-reduction requests, and written liability-credit elections for the policy period at issue.
6. Apply the calculation last. Determine whether the default no-credit rule or a written liability-credit election applies. Do not add or subtract face limits without resolving the earlier steps.

How the Multiple-Policy Priority Rule Is Organized

If an injured person is entitled to UM or UIM coverage under more than one policy, § 38.2-2206(B)(2) lists the following order of payment:

1. The policy covering the motor vehicle occupied by the injured person at the time of the crash.
2. A policy covering a vehicle not involved in the crash under which the injured person is a named insured.
3. A policy covering a vehicle not involved in the crash under which the injured person is an insured other than a named insured.

When more than one insurer provides coverage at the same priority, the statute apportions their liability according to their respective available UM or UIM coverages. For policies with the elected liability-credit calculation, § 38.2-2206(B)(3) states that the amount available for payment is credited only against policies in the occupied-vehicle priority described in § 38.2-2206(B)(2)(a). If more than one such policy is entitled to the credit, the statute apportions the credit pro rata according to the policies’ respective available UIM coverages. These rules apply only after entitlement and the relevant policy facts are established.

Why a Declarations Page Is Not the Whole Analysis

A declarations page may identify vehicles, named insureds, dates, and stated limits, but it may not contain every definition, endorsement, exclusion, condition, notice, or election. It also may not show whether another policy was in force or whether the amount of liability coverage applicable to the claim and available for payment has been reduced by payment of any other claims arising from the same occurrence.

The Virginia State Corporation Commission’s Consumer’s Guide for Auto Insurance is educational and expressly states that it is not an SCC opinion about coverage under a specific policy or contract. That same boundary applies here: general descriptions cannot replace the actual policy and a fact-specific legal review.

Policy and Claim Documents to Gather

• Declarations pages for the policy period that includes the crash date, for every potentially relevant vehicle or household policy.
• The complete policy forms, UM/UIM endorsements, amendments, and coverage schedules.
• Applications, selection or rejection forms, records of any UM/UIM limit-reduction request—including any writing required by the insurer—and written UIM-calculation elections and later written changes.
• Renewal offers, renewal declarations, notices sent with the policy, and records identifying the issue, delivery, renewal, and endorsement dates.
• Vehicle and driver schedules, named-insured information, and documents relevant to household residence or occupancy.
• The crash report, exchange information, photographs, witness information, and any available record identifying the occupied vehicle and people involved.
• Liability carrier disclosures, coverage positions, limits information, claim numbers, and information about other claims or payments arising from the same occurrence.
• UM/UIM claim notices, reservation-of-rights or coverage letters, requests for statements or authorizations, settlement proposals, releases, and other insurer correspondence.

Do not send policy numbers, medical records, dates of birth, Social Security numbers, or other sensitive material through a public website form. Use a secure method approved by the recipient. Gathering a document does not mean it controls the answer or should be signed.

Unknown-Driver and No-Contact Crashes Need Prompt Attention

Section 38.2-2206(D) addresses a crash caused by an unknown owner or operator when there was no contact with the occupied vehicle, or no contact with the insured person if the person was not in a vehicle. For recovery under the required endorsement, the statute calls for the crash to be reported promptly to either the insurer or a law-enforcement officer with jurisdiction. If prompt reporting is not reasonably practicable, the report must be made as soon as reasonably practicable under the circumstances.

This is a separate issue from any lawsuit deadline, insurance-policy condition, or other notice requirement. The facts and all potentially applicable deadlines should be reviewed without delay; this paragraph does not calculate a deadline or decide whether an exception applies.

Questions a Coverage Review Should Resolve

• Which policies and policy periods could apply, and what changed at issuance, delivery, renewal, or endorsement?
• Who qualifies as an insured under each policy and under the statute?
• Which vehicle was occupied, and which policies fall into each statutory priority?
• What UM/UIM limits appear in the complete policy record, not just one declarations page?
• Did a named insured reduce UM/UIM limits or sign a written election changing the UIM calculation?
• What liability coverage is applicable and available for payment, and have other claims from the occurrence affected that amount?
• What reporting, notice, service, consent, release, or litigation steps may apply under the policy and current law?

Frequently Asked Questions

Does the current $50,000/$100,000/$25,000 minimum tell me what is recoverable?

No. Those are current owner-policy liability minimums for policies effective on or after January 1, 2025. They do not establish damages, fault, insured status, the number of applicable policies, the amount available for payment, or the outcome of a claim.

Can every household policy be added together?

Not automatically. Entitlement, policy definitions, vehicle occupancy, named-insured status, statutory priority, limits, written elections, and the facts must be reviewed before any multi-policy calculation.

Does a signed UIM election affect only the person who signed it?

Sections 38.2-2202(C) and 38.2-2206(A) state that an election by one named insured binds all insureds under that policy. Whether a particular document is the required election and which policy period it affects require review of the actual record.

Can an online guide interpret my policy?

No. Coverage depends on the contract, endorsements, elections, applicable statutes, and facts. An online guide can identify questions and documents, but it cannot provide an individualized coverage conclusion.

Official Virginia Sources

• Virginia Code § 46.2-472 — Coverage of owner’s policy
• Virginia Code § 38.2-2202 — Required notice of optional coverage available
• Virginia Code § 38.2-2206 — Uninsured motorist insurance coverage
• Virginia DMV — Insurance Requirements
• Virginia DMV — Insurance Coverage Verification
• Virginia SCC — Consumer’s Guide for Auto Insurance

General information only; not legal advice, a policy interpretation, or a prediction of coverage, value, payment, or outcome. Statutes, agency guidance, policy forms, and facts can change. Reviewed and approved for publication by Dante Wright, responsible Virginia attorney, on August 24, 2026.