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Uninsured motorist coverage protects you when another driver causes an accident but doesn’t have insurance. Most people call it UM coverage. Without UM coverage, you’re stuck paying for everything after an accident yourself. This coverage pays your medical bills, replaces lost wages, and compensates you for other damages when the person who hit you can’t. It’s protection you hope you’ll never need but can’t afford to go without.
Virginia actually offers two types of protection, and they work differently:
Most insurance companies bundle these together as UM/UIM coverage. Let’s say you carry $100,000 in UM/UIM, and the driver who hit you only has $25,000 in coverage. Your UIM policy can provide up to $75,000 more to cover your damages.
Virginia doesn’t require you to buy UM or UIM coverage. That might sound good until you realize what it means. The state also doesn’t force every driver to carry insurance. Some people pay an uninsured motor vehicle fee instead and drive around legally with no coverage at all. You can probably see the problem here. When one of these drivers causes a wreck, victims struggle to get compensated for anything. A Roanoke personal injury lawyer can help you explore your options after an accident, but having solid UM/UIM coverage from the start gives you real protection.
Your uninsured and underinsured motorist coverage typically handles:
The coverage works as a liability claim against the other driver. You’ll still need to prove they caused the accident and show documentation for your damages. But at least you’re making a claim against a policy that exists and can actually pay you.
Filing a claim under your own policy feels weird at first. You might think you’re somehow taking advantage of your insurance company. You’re not. You paid premiums specifically for this protection.
Start by calling your insurance carrier and reporting the accident. Give them details about the other driver’s lack of insurance or insufficient policy limits. Your insurer will investigate your claim the same way they would any other. At Mark Hurt Law Firm, we often work with clients who didn’t realize how badly they were hurt until weeks after the accident. By then, they’ve discovered the at-fault driver’s $25,000 policy won’t come close to covering their medical bills and lost income. That’s exactly when UIM coverage becomes a lifeline.
Insurance companies can make collecting on these policies surprisingly difficult. They’ll dispute fault. They’ll question whether you’re really as injured as you say. They’ll lowball the value of your claim. Some carriers use the same tactics against you that they’d use against a stranger making a third-party claim, even though you’ve been paying them premiums for years. Virginia’s contributory negligence rule makes things worse. If your insurance company can show you were even one percent at fault for the accident, they might deny your entire claim. It’s harsh, but it’s the law here.
Virginia allows policy stacking in certain situations. Own multiple vehicles with UM/UIM coverage on each? You might be able to combine those coverage limits. A stacked policy could give you access to substantially more compensation after a serious accident. Not every policy allows stacking, though. Your insurance contract will spell out whether your coverage is stackable or non-stackable. Read it carefully. This one detail can make a massive difference in how much compensation you can recover.
UM and UIM claims get complicated fast. Your insurance company has adjusters and lawyers whose job is to minimize payouts, even on policies you purchased for your own protection. They’re good at what they do. Working with a Roanoke personal injury lawyer helps even the odds. We negotiate with your insurance carrier, gather the evidence that supports your claim, and make sure you aren’t shortchanged on the compensation you deserve. If an uninsured or underinsured driver injured you, contact us to discuss your case and learn what options you have for recovery.
