What if the other driver has no insurance?

You did nothing wrong by being hit by someone who should have had coverage. Your own policy may help. Here is how it works in plain words.

What is UM and UIM coverage?

Uninsured motorist coverage (UM) pays for harm caused by a driver with no insurance. Underinsured motorist coverage (UIM) covers the gap when the at-fault driver's limits are too low.

Under § 38.2-2206 (opens in a new tab), auto liability policies must include UM coverage for sums the insured can recover from an uninsured owner or operator. UM limits are at least the state minimums and generally no more than your liability limits, unless a named insured chooses lower limits by notice. UIM limits equal UM limits, and UIM is paid without credit for the other driver's liability coverage unless the named insured elects a reduction. The statute also sets a property damage minimum of $20,000 per accident, and a policy may exclude the first $200 of loss when the other driver cannot be identified.

How much coverage do Virginia drivers carry?

The minimum liability limits sit in § 46.2-472 (opens in a new tab). Liability coverage is what pays others for harm you cause.

Your own limits may be higher. Find your declarations page, which lists them.

You may also have medical expense coverage (MedPay). Under § 38.2-2201 (opens in a new tab), insurers must offer it on request, up to $2,000 per person for reasonable expenses incurred within three years. Read more on our medical bills page.

What about a hit-and-run?

If the driver who hit you is unknown, § 38.2-2206(D) (opens in a new tab) applies when there was no physical contact between that vehicle and you or your vehicle. To recover, report the accident to your insurer or to a law-enforcement officer where it happened, promptly. If that is not practicable, do it as soon as reasonably practicable under the circumstances. Report as early as you can.

If you want to sue an unknown driver, the statute allows an action against "John Doe." Process may be served on the clerk of court, and your insurer is served as if it were a party. A John Doe suit pauses the limit against the identified at-fault party until that person is known. After that, you must bring an action against them within three years of starting the John Doe action.

How do you start a UM claim?

• Call 911 and get a police report. See how to get your crash report.
• Tell your own insurer promptly, in writing if you can.
• Take photos and collect witness names.
• Ask the other driver for their insurance details, and write down what they said.
• Keep medical records and bills in one folder.
• Read your policy's UM section.
• Check your dates in the deadline checker.

Can drivers still pay a fee instead of buying insurance?

The Virginia DMV says that effective July 1, 2024, the option to pay a fee rather than keep insurance on a vehicle was eliminated, and DMV no longer collects the Uninsured Motor Vehicle fee (DMV notice (opens in a new tab)). Current statute text, § 46.2-706 (opens in a new tab), still lists a noncompliance fee of $600, a condition of reinstatement for an owner who fails to submit insurance information within 30 days. The two sources do not match, so confirm the current rule with the DMV or a lawyer.

When coverage may apply

What can go wrong?

• Reporting late. Report as soon as you can.
• Not knowing your limits. Read your policy.
• Assuming your insurer will explain everything. Ask questions in writing.
• Waiting on the date. The same deadlines apply, so use the checker.

For tips on talking to your own insurer, see what to say to the adjuster.