Virginia Beach Uninsured & Underinsured Drivers

Being in a car accident in Virginia Beach is stressful enough, but it’s even more complicated when the other driver has no insurance. Even in situations where the at-fault driver has a standard liability policy, there may be times when it isn’t enough to cover all of your medical bills, lost wages, or vehicle damage.

The good news is that you may still have options for covering your costs, including your own uninsured and underinsured motorist coverage. At Huffman & Huffman Brothers-in-Law, our team of attorneys can explain your options and help you pursue the compensation you deserve. Learn more by scheduling a free consultation.

Breaking Down Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage (often abbreviated as UM/UIM) steps in when the driver who caused your accident can’t, providing essential protection in one of the most frustrating and unfair situations a driver can face.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage applies when you are hit by a driver who has no auto insurance. Your insurance company essentially takes the place of the at-fault driver’s insurer. It can pay for your medical expenses, lost wages, pain and suffering, and property damage, depending on your policy terms.

UM coverage also applies in situations where the other driver can’t be identified, such as a hit-and-run accident, as long as you report the crash promptly and cooperate with the investigation.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage (UIM) comes into play when the at-fault driver has auto insurance, but not enough to cover your total damages.

For example, imagine your medical bills and lost income total $120,000, but the other driver’s insurance policy only provides $50,000 in liability coverage, the state minimum. Your underinsured motorist coverage can help make up the difference, up to the limits of your own policy.

In Virginia, needing to rely on UIM is more common than you might think, as the state’s minimum coverage requirements are low compared to the average cost of an accident, which can very easily exceed those amounts.

Is Auto Insurance Required in Virginia?

Yes, all drivers are legally required to carry auto insurance in Virginia, and their policy must meet the state’s minimum requirements. As of 2025, these requirements include at least:

• $50,000 in bodily injury/death coverage (per person)
• $100,000 in bodily injury/death coverage (per accident)
• $25,000 in property damage coverage (per accident)

Even though insurance is required, some estimates suggest around 10% of Virginia drivers are uninsured. That’s why UM/UIM coverage is so important. It’s one of the few protections you control, allowing you to prepare for those unexpected situations where someone else’s lack of responsibility could impact your future.

What Are Your Options if You’re Hit by an Uninsured or Underinsured Driver in Virginia Beach?

If the other driver lacks sufficient insurance, you may still have ways to recover compensation. Options include:

• Filing a UM/UIM claim through your own policy, if you have coverage.
• Using MedPay to cover smaller medical bills or out-of-pocket costs.
• Relying on health insurance for medical expenses.
• Using collision coverage to repair or replace your vehicle if it was damaged.
• Pursuing a personal injury lawsuit against the at-fault driver. Though this may not always be practical, especially if the driver has limited assets.

Each type of coverage has deadlines and requirements, so keeping organized records of medical bills, police reports, and correspondence with insurers can strengthen your claim.

At Huffman & Huffman, our Virginia Beach car accident attorneys can help:

• Identify all potential sources of compensation, including policies you might not realize apply.
• Navigate insurance company disputes or delays.
• Ensure deadlines and paperwork are properly met so you don’t lose out on compensation.
• Maximize your recovery while minimizing your out-of-pocket expenses.

Even without UM/UIM coverage, having legal guidance can make a meaningful difference in recovering costs after a crash.

Virginia Beach Uninsured & Underinsured Drivers: FAQs

How much can I get from an underinsured/uninsured motorist claim?

The amount you can recover depends on your injuries, the extent of your damages, and the coverage limits on your policy. In Virginia, your insurer must offer UM/UIM coverage equal to your liability limits, unless you decline it in writing.

Do I need uninsured/underinsured motorist coverage?

Yes. It’s the only coverage that protects you from drivers who don’t have enough insurance or any at all. Considering how many drivers lack proper coverage, declining UM/UIM protection can be a costly mistake.

Does uninsured motorist insurance cover hit-and-run accidents?

Yes, your uninsured motorist coverage can apply as long as you report the accident to law enforcement and your insurance company within a reasonable time. The law treats unidentified hit-and-run drivers as “uninsured.”

What is stacked uninsured/underinsured motorist coverage?

“Stacking” allows you to combine the UM/UIM limits from multiple vehicles on your policy, increasing the total available coverage after an accident. For example, if you have $50,000 in UM coverage on two cars, stacking could give you up to $100,000 in total protection. Not all policies allow stacking to be done automatically, so review your policy or ask your insurer to clarify.

Contact Huffman & Huffman for Help After a Virginia Beach Car Accident With an Uninsured or Underinsured Driver

Getting into an accident with an uninsured or underinsured driver can leave you feeling helpless, but you don’t have to handle it on your own. The attorneys at Huffman & Huffman can review your insurance coverage, explain your legal rights, and help you pursue the full compensation you deserve.

Whether you are struggling to recover after a car accident with an uninsured driver or someone with limited coverage, our Virginia Beach car accident lawyers can guide you through the process. We’ll handle the insurance issues so you can focus on your recovery.

Contact Huffman & Huffman today to discuss your case and learn about your options.