Uninsured & Underinsured Motorist Coverage in Virginia: How It Works (And Why It Won't Raise Your Rates)
Updated: Sep 24
If a driver with no insurance — or not enough insurance — hits you in Virginia, your own auto policy may be the thing that actually pays your medical bills and lost wages. That coverage is called uninsured motorist (UM) and underinsured motorist (UIM) coverage, and most Virginia drivers have it without fully understanding how it works.
One of the biggest reasons people hesitate to file a UM/UIM claim is fear that their insurance company will punish them for it — by raising their premium or canceling their policy. The good news: Virginia law specifically prohibits both, as long as the accident wasn't your fault. This guide breaks down what UM/UIM coverage is, how the claims process works, and the legal protections that keep your insurance company from penalizing you for using coverage you already pay for.
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist coverage steps in when the at-fault driver has no liability insurance at all — including hit-and-run drivers who can't be identified. Instead of being left with no way to recover compensation, you file a claim against your own policy's UM coverage, and your insurer effectively stands in the at-fault driver's shoes.
What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist coverage applies when the at-fault driver does have insurance, but not enough to cover your damages. For example, if the at-fault driver carries only the state minimum liability limits but your medical bills, lost wages, and pain and suffering far exceed that amount, your UIM coverage can make up the difference — up to your policy's UIM limit.
Is UM/UIM Coverage Required in Virginia?
Yes. Virginia requires insurers to include UM/UIM coverage in every auto policy issued in the state, matching your liability limits, unless you reject it in writing. As of policies effective after January 1, 2025, the required minimum limits increased substantially, giving Virginia drivers significantly more protection against uninsured and underinsured drivers than in years past. Because so many drivers on Virginia roads carry only minimum coverage — or none at all — UM/UIM coverage is often the most important part of your policy after an accident.
How the UM/UIM Claims Process Works in Virginia
Report the accident and seek medical care. Call the police, get an accident report, and get evaluated by a medical provider even if injuries seem minor.
Identify the at-fault driver's coverage. Your attorney or insurer will determine whether the at-fault driver has no insurance (UM) or insufficient insurance (UIM).
Notify your own insurance company. Virginia law requires timely notice of a UM/UIM claim, and in hit-and-run cases, physical contact with the unidentified vehicle (or independent corroborating evidence) is typically required to pursue a UM claim.
Your insurer investigates the claim much like a claim against the at-fault driver — reviewing medical records, wage loss documentation, and the extent of your damages.
Negotiate or litigate. If your insurer won't offer fair compensation, you have the right to pursue the claim further, including through litigation against your own insurer if necessary, since your insurance company effectively takes the place of the uninsured or underinsured driver.
Recover compensation up to your policy's UM/UIM limits, covering medical expenses, lost income, and pain and suffering.
Because you're negotiating directly with your own insurance company — a company that has a financial incentive to minimize what it pays — having an experienced Virginia personal injury attorney handle the claim can make a significant difference in the outcome.
Will Filing a UM/UIM Claim Raise My Insurance Rates?
No — and Virginia law makes this explicit. Under Va. Code § 38.2-1905 and Va. Code § 38.2-2212, insurance companies are barred from increasing your premiums or assessing points against you because of an accident that wasn't your fault, even when the claim is paid under your own UM/UIM coverage. Because a UM/UIM claim is, by definition, triggered by another driver's negligence rather than yours, insurers cannot treat it as a strike against you.
The only time your insurer can raise your rates after an accident is when you (or another driver on your policy) were wholly or partially at fault. If you're found to share any fault, a rate increase becomes legally permissible; if you weren't at fault, it isn't.
Can My Insurance Company Cancel or Refuse to Renew My Policy for Filing a UM/UIM Claim?
No. Virginia insurance law strictly limits the reasons an insurer can cancel or refuse to renew an auto policy that's been in effect more than 60 days. Filing a legitimate UM/UIM claim is not one of them. Under Va. Code § 38.2-2212, insurers generally may only cancel a policy for reasons such as nonpayment of premium, license suspension or revocation of a listed driver, or fraud — not because you exercised your right to use coverage you're paying for.
What If My Insurance Company Raises My Rates Anyway?
If you believe your premium was raised improperly after a no-fault UM/UIM claim, you have options:
Request a written explanation. Virginia law requires insurers that raise your rate after an accident to notify you in writing and explain the basis for the increase.
Appeal the decision with your insurer directly.
File a complaint with the Virginia Bureau of Insurance, part of the State Corporation Commission, which investigates unfair practices by licensed insurers.
Talk to a Virginia personal injury attorney, who can review your policy, the accident report, and your insurer's correspondence to determine whether the increase violates state law.
Why You Shouldn't Be Afraid to File a UM/UIM Claim
Too many Virginia drivers avoid filing legitimate UM/UIM claims out of a misplaced fear of financial punishment. But this coverage exists precisely for situations where someone else's negligence — not yours — leaves you with medical bills and lost income. Virginia's legal protections ensure you can use the coverage you've already paid for without being penalized.
Talk to a Virginia Uninsured/Underinsured Motorist Attorney
Dealing with your own insurance company after a crash can be more adversarial than people expect — insurers have financial incentives to minimize payouts, even on claims from their own policyholders. If you were hit by an uninsured or underinsured driver in Virginia, an experienced personal injury attorney can help you understand your coverage, handle communications with your insurer, and fight for full and fair compensation.
Contact Brian Thomasson, Esq., at 757-454-2110 today for a free consultation to discuss your uninsured or underinsured motorist claim.
If you have more questions or want to speak with me, you can always visit our Home page by clicking on this link to read more or to set up a free consultation with a lawyer. You can also call or text us at 757-454-2110. We also have on our site an online consultation form. Again, our initial consultation with a lawyer about your case is free so it costs you nothing to call and ask your questions.
And do not forget to scroll to the bottom as there may be related posts that answer other questions that you have or did not think of when you found this post. Thank you for reading this and I appreciate your time.
/s/ Brian
You can always call or text us at 757-454-2110
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