Virginia Uninsured & Underinsured Motorist Coverage

Start with the policy, the insured person and the vehicle

Virginia Code §38.2-2206(A) requires qualifying motor-vehicle liability policies to include uninsured motorist coverage, subject to the statute’s terms and exceptions. UM limits normally equal the policy’s liability limits unless a named insured rejects the additional UM limits through the statutory process. UIM limits equal the UM limits. A rejection of additional limits is different from an election about how UIM payments are calculated.

Subsection B defines who is insured and when a vehicle is uninsured or underinsured. Household relationships, occupancy, permission, the vehicle’s coverage and the coverage available for payment can matter. Obtain the complete policy and endorsements, declarations, applications, rejection forms and election records. A declarations-page limit alone does not establish that a person or loss is covered.

Separate coverage limits from the UIM calculation election

Under §38.2-2206(A), the endorsement provides UIM payment without credit for available bodily-injury or property-damage liability coverage unless a named insured signs the statutory election to reduce UIM payments by that coverage. Section 38.2-2202(B) addresses the notice for additional UM limits; subsection C provides the separate UIM calculation notice for policies issued, delivered or renewed after July 1, 2025, and addresses written requests to change the selection.

Check the policy period and the actual signed records before calculating benefits. Do not treat a lower-limit selection as proof that the insured also elected reduced UIM payments. This overview does not determine whether a particular form, notice or selection is valid.

Investigate other policies and preserve the claim procedure

Section 38.2-2206(B)(2) sets a payment priority when an injured person is entitled to UM/UIM coverage under more than one policy: the policy covering the occupied vehicle, then a policy on an uninvolved vehicle under which the injured person is a named insured, then a policy under which the person is insured in another capacity. Entitlement, available limits and any applicable credit still require policy-specific analysis; finding multiple policies does not itself establish the amount recoverable.

Subsections D through F contain reporting, unknown-driver and service provisions. Preserve prompt accident reports, insurer notices, proof of delivery and litigation deadlines. Unknown-driver claims and service on the UM/UIM insurer require separate attention; this guide does not supply a filing deadline or a complete service checklist.

Coordinate a liability settlement with the current UIM procedure

Section 38.2-2206(K) through (M) provides a qualifying available-limits settlement and release route that can preserve UIM benefits while ending the liability insurer’s duties after payment. Written-release, notice, service and cooperation conditions remain important. Review the Virginia settlement and UIM preservation guide before signing a release.

2026 Virginia Acts Chapter 64, effective July 1, 2026 according to the official bill history, amended the released-defendant procedure and the cooperation provision in §8.01-66.1:1. The current statute requires the action to use the released defendant’s name, service on the UIM insurer, and any resulting judgment in the name “Released Defendant.” Application to an older crash, settlement or pending case needs a separate date and procedural review.

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VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.