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Key Takeaways
Being hit by an uninsured or underinsured driver does not mean you are out of options, as your own UM/UIM coverage can step in to cover medical expenses, lost wages, pain and suffering, and property damage.
Around 10% of Virginia drivers are estimated to be uninsured, and the state’s minimum coverage requirements are often far too low to cover the real cost of a serious accident.
Uninsured motorist coverage also applies to hit-and-run accidents where the at-fault driver cannot be identified, as long as the crash is reported promptly.
Each type of coverage carries its own deadlines and requirements, making it important to act quickly and get legal guidance before opportunities for compensation are lost.
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. If an uninsured driver causes a crash in Virginia Beach, you can generally pursue compensation through the uninsured motorist coverage included in your own auto policy. If the driver has insurance but their available limits are not enough to cover your damages, your underinsured motorist coverage may provide additional compensation.
However, these benefits are not paid automatically. You must still prove that the other driver caused the crash, establish the full extent of your injuries and losses, and satisfy the requirements of the applicable insurance policies. Your own insurer may dispute liability, challenge whether your injuries were caused by the accident, or undervalue your claim. At Huffman & Huffman Brothers-in-Law, our Virginia Beach car accident attorneys can identify the coverage available, handle disputes with the insurance companies, and help you pursue compensation that accounts for the full impact of the crash. Contact us today to schedule 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, suppose you have $100,000 in underinsured motorist coverage and are injured by a driver carrying Virginia’s minimum $50,000 bodily injury limit. Under current Virginia law, those amounts generally “stack,” giving you up to $150,000 in potentially available coverage. This is typically the case unless you have chosen to purchase “unstacked” coverage. Unstacked coverage usually comes with a smaller premium, but it also means that in the event of a crash, your underinsured coverage is reduced by the at-fault driver’s liability coverage rather than the two being added together. In other words, your effective coverage in the above example would only be $100,000.
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.
What Compensation Can UM/UIM Coverage Provide?
UM/UIM coverage can generally compensate you for the same types of losses you could have pursued through the at-fault driver’s liability policy, including:
- Medical expenses and future medical care
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent injuries or disabilities
- Property damage
- Wrongful death damages, when applicable
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 2026, 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)
That being said, some estimates suggest around 10% of Virginia drivers are uninsured, which is 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.
How Our Virginia Beach Uninsured and Underinsured Motorist Lawyers Can Help
Filing a UM/UIM claim does not guarantee that your insurer will automatically pay the full amount available under the policy. You must still prove that the uninsured or underinsured driver caused the accident, establish the extent of your injuries and losses, and comply with the requirements of every policy that may apply. Your insurer may dispute fault, question whether your treatment was accident-related, or argue that your damages are worth less than you claim.
Our Virginia Beach car accident attorneys can help by:
- Identifying every potentially applicable source of coverage, including policies covering the vehicle you occupied and other policies under which you may qualify as an insured
- Preserving evidence and proving that the uninsured, underinsured, or unidentified driver caused the crash
- Documenting medical expenses, lost income, future care, pain and suffering, and the other losses covered by the claim
- Coordinating claims involving liability insurance, UM/UIM coverage, MedPay, health insurance, and other potential benefits
- Handling notices, documentation, settlement procedures, and deadlines that could affect your right to recover
- Responding when an insurer delays the claim, disputes coverage, undervalues your injuries, or attempts to shift blame
- Negotiating for a settlement that reflects the full extent of your proven damages
- Filing a lawsuit and pursuing the case in court when the insurance companies will not offer a fair resolution
Founded in 1973, Huffman & Huffman has represented injured people and families throughout Hampton Roads and across Virginia for more than five decades. Our attorneys have the experience and resources to handle serious injury claims, and we are prepared to take legal action when an insurance company refuses to do the right thing. There is no cost to meet with us, and you do not pay an attorney’s fee unless we recover compensation for you.
What to Do If You Are Hit by an Uninsured or Underinsured Driver in Virginia Beach
The steps you take after the crash can affect your ability to use your UM/UIM coverage:
- Report the accident to the police. An official report can document the crash and help establish the identity and insurance status of the other driver. Prompt reporting is particularly important after a hit-and-run.
- Collect the available evidence. Photograph the vehicles, damage, roadway, traffic signals, and any visible injuries. Obtain contact information from witnesses and exchange information with the other driver when possible.
- Seek medical care. Prompt treatment protects your health and creates a record connecting your injuries to the accident.
- Notify your own insurance company promptly. Most policies require timely notice of the accident, so provide the basic facts needed to report the claim, but avoid speculating about what happened.
- Speak with a car accident lawyer if you were injured. A lawyer can identify the available policies, preserve evidence, prove the value of your damages, and address disputes with both the liability insurer and the UM/UIM carrier.
Frequently Asked Questions About Uninsured & Underinsured Drivers In Virginia Beach
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.
Do I need uninsured/underinsured motorist coverage?
Virginia requires every auto liability policy issued in the state to include uninsured and underinsured motorist coverage. The minimum UM/UIM limits are currently $50,000 for bodily injury to one person, $100,000 for injuries to multiple people, and $25,000 for property damage.
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.”
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.
