Why You Should Have Uninsured Motorist Coverage in Virginia

Uninsured motorist (UM) coverage protects you in the event of a crash with a driver who either doesn’t have insurance or flees the scene without providing their information. It also includes underinsured motorist (UIM) coverage, which makes up the difference when the at-fault driver is insured but your expenses are greater than their policy limits. Without this insurance, you could wind up paying for your medical bills and other losses yourself.

What Is Uninsured/Underinsured Motorist Coverage?

Not everyone on the road in Virginia has insurance, even though state law says it’s mandatory. Uninsured motorist coverage protects you if you get into an accident with a driver who doesn’t have auto insurance or flees the scene. Underinsured motorist coverage kicks in when the liable driver’s insurance isn’t enough to cover your losses.

Think of uninsured/underinsured motorist (UM/UIM) coverage like a safety net. It’s there to catch you if the other person can’t help with the costs of an accident. It’s an extra layer of security for you and your family, making sure you’re not left to handle big bills on your own after an accident with an uninsured, underinsured, or hit-and-run driver. If you were involved in a car accident, contact one of our Roanoke car accident attorneys today.

What Are the Minimum Car Insurance Requirements in Virginia?

The Virginia Department of Motor Vehicles (DMV) says all auto insurance policies in the state must include the following minimum coverage amounts:

• $30,000 in bodily injury coverage for one person involved in a crash
• $60,000 in bodily injury coverage if more than one person sustains injuries in a crash
• $20,000 in property damage coverage

(These are the minimum requirements for policies that run through Dec. 31, 2024. Policies for 2025 and beyond must meet higher requirements.)

The Virginia DMV notes that not carrying the required insurance can result in hefty penalties, including the suspension of your driver’s license and fines. Make sure your policy complies with these requirements to avoid any legal trouble.

Is Uninsured Motorist Coverage Required in Virginia?

Virginia law says insurance companies must offer uninsured/underinsured motorist coverage with any policy they issue. The law goes on to say that your UM/UIM coverage must equal the amount of your bodily injury coverage. However, you can opt out of UM/UIM motorist coverage if you wish, though we don’t recommend it.

While adding uninsured motorist coverage to your policy can increase your premiums, it’s a smart addition, nonetheless. You don’t want to be stuck with the bills if an uninsured or underinsured driver hits you.

Is Uninsured Motorist Coverage Useful If I Have Been Hit by a Hit-and-Run Driver?

In Virginia, a driver who causes a crash (or their insurance company) typically pays for whatever losses result from a collision. But if a driver flees the scene and the police can’t catch them, there’s no one to file a claim against.

Situations like this make uninsured motorist coverage a vital financial lifeline. Since insurance companies treat hit-and-run crashes like collisions with uninsured motorists, you can still recover compensation through your UM policy if the police can’t find whoever hit you. Without this coverage, you will have to pursue other options to pay your bills or pay out-of-pocket.

What Are the Recent Changes to Virginia Law Regarding Underinsured Motorists?

Virginia lawmakers recently changed how UM/UIM motorist coverage works to better protect those injured in accidents. The old law said your underinsured policy would only cover the difference between the at-fault driver’s liability policy limits and your UM/UIM policy limits.

Under the new law, though, the standard auto policy and underinsured motorist coverage “stack.” This means that you are entitled to the full amount of your UM/UIM coverage, no matter what the other driver’s policy limits are. This change benefits drivers by providing them with more compensation in the event of a crash without the need to jump through legal hoops.

Can a Driver Legally Opt Out of Car Insurance Coverage?

You can opt out of uninsured motorist coverage as part of your policy, though we strongly urge you to purchase this coverage. The Virginia DMV also says drivers may opt out of carrying any car insurance at all by paying an annual $500 Uninsured Motorist Fee.

However, be aware that paying the Uninsured Motorist Fee does not provide you with any insurance or other financial protection in the event of a crash. Without car insurance, you might have to pay for all your medical bills and other losses yourself, along with the other driver’s expenses, if an insurer determines you caused the crash. That’s a risk you can’t afford.

Should I Carry the Uninsured Coverage in the Same Amount as My Liability Coverage?

Your uninsured/underinsured motorist coverage should at least equal your bodily injury and property damage coverage. In fact, the law says uninsured motorist coverage must equal the limits of your policy’s liability coverage.

The reason your UM/UIM coverage should meet your liability coverage is simple: You want to know that you’re sufficiently protected in the event of a collision with an uninsured, underinsured, or hit-and-run driver. The more coverage you have, the more your uninsured motorist insurance will pay for, lessening your financial burden after a crash.

How Do I File an Uninsured Motorist Claim?

Since the other driver either doesn’t have insurance or fled the crash scene, you file an uninsured/underinsured motorist claim with your own insurance company. Review your policy to determine the proper procedure and see what your policy limits are.

Make sure to report the crash to the police and get a copy of your crash report before submitting your claim. Otherwise, you will have no proof that the accident happened. An uninsured motorist accident lawyer can help you with your claim and handle any necessary appeals if it’s denied.

Contact a Virginia Car Accident Lawyer

There’s no such thing as a simple car accident claim, but uninsured motorist accidents bring particular challenges for those injured in a collision. If you need help with an uninsured motorist claim in Virginia, contact Lichtenstein Law Group PLC today for a free consultation. Contact our Roanoke personal injury lawyer today.