What to Do When the Other Driver Has No Insurance in Virginia

Getting into a car accident is stressful enough. Discovering that the other driver has no insurance can make an already difficult situation feel overwhelming. In Virginia, uninsured drivers are more common than many people realize, and knowing your options before a crash happens — and immediately after — can make a significant difference in your ability to recover.

Virginia Now Requires Auto Insurance

Virginia now requires vehicles registered in the Commonwealth to maintain liability insurance that meets the state’s minimum coverage requirements. The former option allowing vehicle owners to pay an Uninsured Motor Vehicle fee instead of carrying insurance was eliminated effective July 1, 2024. Even with that requirement, accidents can still involve drivers who are uninsured, whose coverage has lapsed, or whose insurer denies coverage.

Your Own Uninsured Motorist Coverage

Virginia automobile liability policies generally include uninsured motorist coverage, commonly called UM coverage, subject to the terms and limits of the policy. When an at-fault driver is uninsured, UM coverage may provide compensation for damages the insured is legally entitled to recover, depending on the circumstances of the crash and the applicable policy.

The amount available depends on the limits of your own policy, which is why carrying adequate UM coverage matters. Virginia sets minimum liability limits, but serious injuries frequently generate losses that exceed those minimums. Reviewing your policy limits with that reality in mind is one of the most practical steps any Virginia driver can take.

When the At-Fault Driver Has Some Insurance

If the other driver has insurance but the available liability coverage is less than the damages sustained, underinsured motorist coverage, or UIM coverage, may also become relevant. Virginia law provides for both uninsured and underinsured motorist coverage in qualifying auto policies, although the amount available depends on the policy and the circumstances of the auto accident.

Suing the Uninsured Driver Directly

An injured person may also have the option to pursue a claim against an uninsured driver directly when that driver’s negligence caused the crash. Whether a judgment can ultimately be collected will depend on the driver’s financial circumstances and other factors, which is one reason UM coverage can be especially important in uninsured-driver cases.

Why Legal Guidance Matters

UM and UIM claims run through your own insurer, which still has a financial interest in minimizing what it pays out. These claims can be disputed, delayed, or undervalued just like any other. An experienced personal injury attorney can advocate for the full value of your losses and push back when your own insurer is not acting in good faith.

If you were hit by an uninsured or underinsured driver anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. Contact us today.

Map of the Hampton Roads region in Virginia, where drivers injured in crashes involving uninsured motorists may have options through uninsured motorist coverage.