How Does Uninsured Motorist (UM) Coverage Work in Virginia?
You pay for car insurance every month. You assume it protects you if someone else hits you. Then you find out the other driver has no insurance, and suddenly your own policy is the only thing standing between you and financial disaster.
This is what uninsured motorist coverage is for. But most people do not understand how it works until they need it. And by then, it is too late to add it if you do not already have it.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, called UM coverage, pays for your injuries when you are hit by a driver who has no insurance. It is part of your own auto insurance policy, not the other driver's.
If the at-fault driver has no insurance, you file a claim with your own insurance company under your UM coverage. Your insurer steps into the shoes of the at-fault driver and pays your damages up to your UM policy limits.
UM coverage is optional in Virginia. You do not have to buy it. But if you do not have it and you get hit by an uninsured driver, you have very few options for recovering compensation.
What Is the Difference Between Uninsured Motorist and Underinsured Motorist Coverage?
They are similar but cover different situations.
Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance at all.
Underinsured motorist (UIM) coverage pays when the at-fault driver has insurance, but their policy limits are too low to cover your damages.
For example, if your medical bills and lost wages total $80,000 but the at-fault driver only has $30,000 in liability coverage, your UIM coverage can make up the difference up to your UIM policy limits.
Most insurance policies in Virginia offer UM and UIM coverage together as a package. You either have both or neither.
Is UM Coverage Required in Virginia?
No. It is optional.
Virginia law requires drivers to carry liability insurance or pay an uninsured motor vehicle fee to the DMV. But UM coverage is not required.
Insurance companies are required to offer UM coverage when you buy a policy, but you can decline it. If you declined it, you do not have it. And you cannot add it after an accident.
How Do You Know If You Have UM Coverage?
Check your auto insurance declarations page. This is the document your insurance company sends you that lists your coverages and policy limits.
Look for a line that says "Uninsured Motorist Bodily Injury" or "UM/UIM." If there is a dollar amount next to it, you have coverage. If it says "Declined" or "Rejected," you do not.
If you are not sure, call your insurance agent and ask. Do this before you need it, not after an accident.
What Does UM Coverage Pay For?
UM coverage pays for the same things liability insurance would pay for if the at-fault driver had it. This includes medical expenses, lost wages, future medical care, pain and suffering, and permanent disability or disfigurement.
It does not pay for property damage in Virginia. UM coverage is for bodily injury only. If you want coverage for vehicle damage when the other driver is uninsured, you need collision coverage.
How Much UM Coverage Should You Have?
Your UM coverage limits should match your liability coverage limits. If you carry $100,000 in liability coverage, you should carry $100,000 in UM coverage.
Some people carry higher UM limits than liability limits because they want more protection if they are hit by an uninsured driver. That is a smart choice if you can afford it.
The minimum UM coverage you can buy in Virginia is $25,000 per person and $50,000 per accident. But those limits are low. If you are seriously injured, $25,000 will not come close to covering your damages.
How Do You File a UM Claim in Virginia?
You report the accident to your own insurance company and let them know the other driver has no insurance. Your insurer will ask for documentation, including the police report, proof that the other driver was uninsured, your medical records, and your medical bills.
Your insurance company investigates the claim the same way the at-fault driver's insurer would. They evaluate liability, review your injuries, and determine what they think your claim is worth.
If liability is clear and your damages are well-documented, they may make a settlement offer. If you cannot agree on a settlement, you may have to file a lawsuit against your own insurance company under the UM policy.
Do You Have to Prove the Other Driver Was at Fault in a UM Claim?
Yes. UM coverage does not pay just because you were in an accident with an uninsured driver. You still have to prove the other driver was at fault.
If the other driver ran a red light and hit you, that is clear liability. If the accident was a sideswipe in a parking lot with no witnesses, liability may be disputed.
Virginia's contributory negligence rule applies to UM claims. If your own insurance company can prove you were even 1% at fault for the accident, they can deny your UM claim entirely.
Will Filing a UM Claim Raise Your Insurance Rates?
It depends on your insurance company. UM claims are not supposed to count against you the same way an at-fault accident would, but some insurers still raise rates after any claim.
Ask your agent before filing if you are concerned. But if you were seriously injured, the potential recovery from a UM claim is almost always worth the risk of a rate increase.
Can You Sue Your Own Insurance Company If They Deny Your UM Claim?
Yes. If your insurance company denies your UM claim or offers a settlement that does not cover your damages, you can file a lawsuit against them.
This is called a first-party claim because you are suing your own insurer, not a third party. The process is similar to any other personal injury lawsuit, but the defendant is your insurance company instead of the at-fault driver.
UM cases often go to trial because insurance companies know that if they can prove contributory negligence or dispute liability, they pay nothing.
What If the Uninsured Driver Fled the Scene?
If you were hit by an uninsured driver who fled the scene and was never identified, you can still file a UM claim. You will need the police report documenting the hit-and-run.
Your insurance company may require additional proof that the accident actually happened and that an uninsured driver was involved. Dashcam footage, witness statements, and photos of the damage all help.
Does UM Coverage Apply If You Were a Pedestrian or Bicyclist?
Yes. UM coverage applies when you are injured by an uninsured driver, whether you were in a car, on foot, or on a bicycle.
If you were hit by an uninsured driver while walking or biking, you can file a UM claim under your own auto insurance policy as long as you have UM coverage.
Can You Stack UM Coverage in Virginia?
No. Virginia does not allow stacking of UM coverage.
Stacking means combining the UM limits from multiple vehicles on the same policy to increase your total coverage. Some states allow this. Virginia does not.
If you have two cars on your policy, each with $100,000 in UM coverage, and you are injured by an uninsured driver, you can only recover up to $100,000 from one policy. You cannot combine them to get $200,000.
What If You Have UM Coverage but the Other Driver Has Some Insurance, Just Not Enough?
That is when UIM coverage applies. If the at-fault driver has insurance but their policy limits are too low to cover your damages, your UIM coverage makes up the difference.
For example, if the other driver has $30,000 in liability coverage and your damages are $90,000, their insurance pays $30,000. If you have $100,000 in UIM coverage, your policy pays the remaining $60,000.
Do You Need a Lawyer for a UM Claim?
Not always, but often.
If your UM claim is straightforward, liability is clear, and your insurance company makes a fair offer, you may be able to settle without a lawyer.
But if your insurance company disputes liability, invokes contributory negligence, or lowballs your claim, you need an attorney. UM claims are more complicated than standard liability claims because you are filing against your own insurer, and their interests are not aligned with yours.
Insurance companies know most people do not understand UM coverage. They use that to their advantage.
The Bottom Line
Uninsured motorist coverage is one of the most important protections you can buy. It is the only thing standing between you and financial loss if you are hit by a driver with no insurance.
If you do not have UM coverage, add it. If you do have it, make sure your limits are high enough to actually protect you.
And if you need to file a UM claim, understand that your own insurance company will not make it easy. They will investigate, question, and fight your claim the same way any other insurer would.
If you filed a UM claim and your insurance company is disputing it, denying it, or offering far less than your damages, you do not have to accept it.
Valor Injury Law represents injured Virginians in uninsured motorist claims throughout Northern Virginia, Fairfax County, Arlington, Loudoun County, Prince William County, and the broader DMV area. Attorney Tara Umbrino has over 13 years of experience handling UM claims and holding insurance companies accountable when they try to underpay their own policyholders.
Call 703-810-7572 for a free consultation. We will review your UM policy, evaluate your claim, and tell you what it takes to get fair compensation.
This post is for general information only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.