When you’re injured in a collision with a driver who lacks sufficient insurance (or any at all), it may feel like your options are limited. But under Virginia law, you may still have legal recourse if you act promptly, document wisely, and understand your rights. This guide outlines the steps you should take, how Virginia’s UM/UIM rules currently work, and how a Northern Virginia auto accident injury attorney at MacDowell Law Group can advocate for you.
Act Immediately at the Scene
Call Law Enforcement & Request an Official Report.
Even if the other driver leaves the scene or claims there’s no damage, call 911 (or local police) and insist that they come. An official police report is a crucial record for later claims and investigations.
Document Everything.
- Photograph or film all vehicles from multiple angles, road conditions, skid marks, signage, damage, injuries, and license plates.
- Grab contact information from witnesses (names, phone numbers, email).
- If possible, sketch a simple diagram of the collision, noting distances, vehicle positions, and reference points.
Exchange What You Can (Safely), But Don’t Rely on the Uninsured Driver.
If the other party provides a name, contact, vehicle description, or any insurance info, record it. But remain cautious, and do not admit fault or rely on their cooperation.
Seek Medical Attention Promptly.
Even if injuries seem mild initially, see a doctor as soon as possible, as adrenaline can mask traumatic injuries. Medical records help establish the causal link between the crash and injuries.
Notify Your Insurance Company (UM/UIM Claim)
Because the at-fault driver’s insurance may be insufficient (or nonexistent), your own policy’s Uninsured Motorist (UM) / Underinsured Motorist (UIM) coverage is often your next legal recourse.
- Under § 38.2-2206, every Virginia motor vehicle liability policy must include UM and matching UIM coverage, and UIM coverage must be paid without any credit for the at-fault driver’s liability insurance, unless a named insured has properly signed a valid election under the statute to permit such a credit.
- Policies issued or renewed after July 1, 2023, generally are not subject to credit offsets, though older policies or those with valid elections may allow offsets.
- You must report the crash to your insurer in a timely manner (as required by your policy) and cooperate in any investigation.
Evaluate Insurance Coverage Options & Limits
UM/UIM claims involve complexity beyond standard liability cases. Here’s what to examine:
Liability Insurance of the At-Fault Driver
If they have coverage, it may pay some damages, though it rarely covers all injuries.
Your UM Coverage & UIM Policy Limits
Your policy’s UM and UIM limits (for example, $100,000, $250,000) define your insurer’s maximum exposure.
As of January 1, 2025, Virginia’s minimum liability and UM/UIM limits have increased to $50,000 per person / $100,000 per accident, meaning newly issued or renewed policies must comply with those higher standards.
Stacking & Multiple Policies
- For policies issued or renewed after July 1, 2023, the new law permits stacking in many cases, meaning your UIM coverage may be added on top of the at-fault driver’s liability limits. However, stacking may be restricted or disallowed in older policies or ones with specific policy language.
- If you have more than one vehicle or more than one insurance policy, multiple UM/UIM policies may apply (with defined priority under § 38.2-2206).
Policy Exclusions & Limitations
Review your policy carefully; some have deadlines for notice, restrictions on hit-and-run claims without contact, coordination clauses, or may require written elections if you choose to reduce UIM benefits.
How an Attorney Helps in UM / UIM Cases
These situations often demand deeper legal work because you are navigating claims against your own insurer in addition to possibly suing the at-fault party. Here’s where a skilled auto accident injury attorney adds value:
- Carefully interpreting policy language and identifying insurer bad-faith or improper denials.
- Preserving and marshaling evidence (witness statements, accident reconstruction, medical records).
- Negotiating or mediating with insurers to secure full available coverage.
- If necessary, filing suit against insurers or litigate in court.
- Checking whether your damages potentially exceed coverage, and whether pursuing a direct claim against a negligent party is viable.
At MacDowell Law Group, our Northern Virginia injury attorneys stay current on Virginia’s UM/UIM law changes and hold insurers accountable when they refuse to pay full value.
Common Pitfalls & What to Avoid
- Delaying reporting or medical care: Insurers might argue your injury was unrelated or worsened with delay.
- Admitting fault or saying “sorry”: Innocuous statements can be used to shift or diminish your claim.
- Posting too much information on social media: Insurers or defense may use photos or status updates against you.
- Signing early settlement offers: Underinsured claims often have hidden loss categories; don’t accept before full evaluation.
- Missing policy deadlines or not reading fine print: Failure to meet notice or cooperation requirements can jeopardize your claim.
Statute of Limitations & Time Sensitivity
In Virginia, you generally have 2 years from the date of the accident to file a personal injury lawsuit, including UM/UIM claims (unless an exception applies, such as for minors or against government entities). Claims against municipalities or the state often have shorter notice requirements or separate statute rules.
Waiting too long can bar your claim entirely, so prompt action is essential.
What You Should Do Now (Step-by-Step)
- Call police, preserve the scene, take photos, and collect witness info.
- Seek medical care immediately.
- Notify your insurance of your intent to make a UM/UIM claim.
- Keep all records: medical bills, repair estimates, and communications.
- Speak with an experienced Northern Virginia personal injury attorney.
- Do not accept settlement offers until they’re reviewed by counsel.
- Track deadlines (statute of limitations, policy notice periods).
How MacDowell Law Group Can Help
At MacDowell Law Group, our attorneys will fight not only negligent parties but also insurance companies, including your own insurer, when coverage is insufficient. We offer:
- Deep knowledge of Virginia’s updated UM/UIM statutes
- Personalized case management with direct attorney access
- Experience negotiating complex insurance claims
- Readiness to litigate when insurers undervalue or deny valid claims
- Local Virginia and Northern Virginia court familiarity
If you’ve been hit by an uninsured or underinsured driver in Fairfax, Alexandria, Loudoun, or anywhere in Northern Virginia, contact us today for a free consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.