What Happens if the Other Driver Has No Insurance in Virginia?

Quick Answer

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Your own uninsured motorist (UM) coverage can pay for your medical bills, lost wages, and other damages if the other driver has no insurance in Virginia. You can also sue the uninsured driver, but recovering money may be difficult if they have limited assets.

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Even though Virginia requires drivers to carry liability insurance, a significant number of motorists still go without proper coverage. If you are hit by an uninsured or underinsured driver in Virginia, it’s important to understand the options that may be available to you.

What Are Virginia’s Auto Insurance Requirements?

For many years, Virginia was one of the few states that allowed drivers to register a vehicle without insurance simply by paying an annual Uninsured Motor Vehicle (UMV) fee. That changed in 2024.

As of July 1, 2024, all drivers in Virginia are required to carry auto liability insurance. That means you can no longer legally register or operate a vehicle here without insurance that meets the state’s minimum coverage requirements. Drivers who fail to maintain this insurance face suspension of their registration and driver’s license, fines, and reinstatement fees.

In addition to liability coverage, Virginia law also requires uninsured/underinsured motorist (UM/UIM) coverage on your policy unless you choose to reject it in writing when your policy is issued.

In 2026, the minimum liability and UM/UIM limits in Virginia are:

• $50,000 bodily injury per person
• $100,000 bodily injury per accident
• $25,000 property damage

Even with mandatory insurance and these minimums, not all drivers comply, and serious injuries can quickly exceed these limits.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) and its counterpart, underinsured motorist coverage (UIM), are parts of your own auto insurance policy that protect you when another driver either has no insurance or doesn’t have enough insurance to pay for your full losses.

Here is how both typically work:

• UM coverage helps pay for your medical bills, lost wages, pain and suffering, and other damages if the at‑fault driver has no insurance.
• UIM coverage applies if the at‑fault driver has insurance coverage, but their limits are too low to fully cover your damages.

In cases involving underinsured motorists, your UIM limit typically “stacks” with the other driver’s liability coverage. For example, if your UIM limit is $50,000 and the other driver has $50,000 in liability coverage, then you would have $100,000 in total coverage. This can significantly increase the amount available to you after a crash.

In essence, UM/UIM coverage is designed so that you’re not left holding the bill simply because someone else chose not to carry enough insurance.

What If My Costs Are Not Fully Covered by My UM/UIM Coverage?

Even with UM/UIM coverage, your losses can sometimes exceed what your policy will pay. This can happen if:

• You require extensive medical treatment, such as surgery, rehabilitation, or ongoing therapy.
• You are out of work for weeks or months due to your injuries.
• Your vehicle or other property is severely damaged or totaled, resulting in significant repair or replacement costs.

Other forms of coverage may help fill the gap. Medical Payments (MedPay) coverage is an optional part of many auto insurance policies that helps pay for medical expenses resulting from a car accident, regardless of who was at fault. MedPay can cover hospital bills, doctor visits, ambulance rides, rehabilitation, and sometimes even funeral expenses. Unlike UM/UIM coverage, MedPay is not dependent on the other driver’s insurance or fault and usually pays more quickly, though it typically has lower coverage limits than UM/UIM.

Your personal health insurance may also cover treatment costs not paid by UM/UIM or MedPay. Together, these coverages can help reduce out-of-pocket expenses, though some losses may still remain.

Can You Sue an Uninsured Driver in Virginia?

Yes. In Virginia, you can file a personal injury lawsuit directly against the uninsured driver who caused your accident. However, there are practical considerations that make this less straightforward than it sounds.

Even if you win a judgment in court, collecting against an uninsured defendant can be difficult. The other driver may have limited assets, and Virginia law places restrictions on how certain debts can be collected from wage garnishment or assets.

That doesn’t mean a lawsuit isn’t worth pursuing, but it does mean the decision should be informed by an attorney who understands the realities of collection, available insurance assets, and how best to maximize your recovery.

What to Do After an Accident with an Uninsured Driver in Virginia

If you find yourself in a crash and believe the other driver may be uninsured, take these steps:

• Seek Medical Care: Your health comes first. Even minor symptoms deserve evaluation, as injuries like soft‑tissue trauma can show up later.
• Call the Police and File a Report: A police report provides an official record of the crash, which is critical for insurance claims.
• Document the Scene: Take photos of vehicles, injuries, road conditions, and gather witness contact information.
• Notify Your Own Insurance Company Promptly: Report the accident and start the claims process.
• Consult a Virginia Personal Injury Lawyer: A lawyer can help ensure your claim is filed correctly, evidence is preserved, and your rights are protected against lowball offers or unfair claim denials.

Going through these steps with experienced legal guidance can preserve your ability to recover the full compensation you deserve.

If You Were Involved in an Underinsured or Uninsured Motorist Accident, Call Huffman & Huffman Brothers-in-Law

If you’ve been hurt in a crash with an uninsured or underinsured driver in Virginia, you deserve comprehensive legal support. At Huffman & Huffman, our car accident attorneys have decades of experience helping injured Virginians navigate underinsured and uninsured motorist claims as well as other personal injury matters.

We understand the latest Virginia laws and how changes affect your rights and recovery. We work to ensure insurance companies honor their obligations and pursue every viable legal avenue to maximize your compensation.

Don’t navigate this alone. Contact us today for a free consultation and let us help you protect your recovery and move forward with confidence.