What does § 38.2-2206 require?
Uninsured motorist coverage is insurance that pays you when the at-fault driver has no insurance. Va. Code § 38.2-2206(A) requires auto policies to include it. The policy undertakes to pay the insured all sums he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle. The same subsection requires underinsured coverage.
A motor vehicle is deemed uninsured if its owner or operator is unknown (Va. Code § 38.2-2206(B) (opens in a new tab)). That covers a hit-and-run driver who is never identified.
For property damage, the coverage is at least $20,000 for damage or destruction of the insured's property in any one accident.
What limits apply?
Bodily injury limits in the uninsured motorist coverage must be not less than the requirements of § 46.2-472 (Va. Code § 38.2-2206(A) (opens in a new tab)). Those minimums depend on the date the policy took effect:
| Policy effective | One person | Two or more persons | Property damage |
|---|---|---|---|
| On or after January 1, 2025 | $50,000 | $100,000 | $25,000 |
| January 1, 2022 to before January 1, 2025 | $30,000 | $60,000 | $20,000 |
Source: Va. Code § 46.2-472 (opens in a new tab).
Uninsured motorist limits equal but do not exceed the limits of the liability insurance provided by the policy, unless a named insured rejects the additional coverage.
Underinsured benefits are paid without credit for bodily injury and property coverage available, unless a named insured signs an election to reduce underinsured payments (Va. Code § 38.2-2206(A) (opens in a new tab)). Read your policy and the current text of the statute.
How does a John Doe action work?
A John Doe action is the route when the driver is unknown. The insured may institute the action against the unknown owner or operator as "John Doe." Service may be made by delivering a copy of the motion for judgment or other pleadings to the clerk of the court.
If the crash involved no contact with another vehicle, the insured must report it promptly to either the insurer or a law-enforcement officer.
What are the steps to make the claim?
- Notify police. See the steps after a crash.
- Report the crash promptly to your insurer, or to a law-enforcement officer if no vehicle made contact.
- Obtain the crash report and your policy declarations to confirm your uninsured and underinsured limits.
- If the driver is unknown, name "John Doe" as the defendant when you file.
- Serve a copy of the process on your uninsured motorist insurer "in the manner prescribed by law" (Va. Code § 38.2-2206(F) (opens in a new tab)).
- File within the limitation period. Personal injury is two years (Va. Code § 8.01-243 (opens in a new tab)). Check your date in the claim deadline checker.
What other coverage may apply?
Medical expense benefits are separate coverage. Va. Code § 38.2-2201 provides for reasonable and necessary expenses for medical, hospital, dental, surgical and related care incurred within three years after the accident, up to $2,000 per person, and the insured may agree to another limit. Insurers provide it on request and payment of premium (Va. Code § 38.2-2201(A) (opens in a new tab)). The insured may buy either or both of the coverages in subdivisions A 1 and A 2 (Va. Code § 38.2-2201(B) (opens in a new tab)). See medical bills.
| Situation | Coverage | Statute |
|---|---|---|
| Driver has no insurance | Uninsured motorist coverage | § 38.2-2206(A) (opens in a new tab) |
| Driver's limits are too low | Underinsured motorist coverage | § 38.2-2206(A) (opens in a new tab) |
| Owner or operator unknown | Deemed uninsured; John Doe action | § 38.2-2206(B), (E) (opens in a new tab) |
| Medical expenses | Medical expense benefits, if purchased | § 38.2-2201 (opens in a new tab) |
Which Roanoke lawyers can review an uninsured motorist claim?
Policy limits and service requirements are technical. See our picks below.
Our picks for you
Firms that handle these cases, chosen by our editors. Listing is not a ranking or an endorsement of results.
4.8 / 5 on GoogleFishwick & Associates PLC
Bicycle accident; Brain injury; Car accident; Motorcycle accident; Personal injury; Truck accident; Wrongful death.
Altizer Law, P.C.
Loeschen Law Firm PLLC
Frequently asked questions
Is uninsured motorist coverage mandatory in Virginia?
Va. Code § 38.2-2206(A) provides that policies must include uninsured motorist coverage, undertaking to pay the insured all sums he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, plus underinsured coverage. Limits equal but do not exceed liability limits unless a named insured rejects the additional coverage.
What is a John Doe claim?
It is an action against an unknown driver, such as one who fled. Under Va. Code § 38.2-2206(E), the action may be brought against the unknown defendant as John Doe, and service may be made by delivering a copy of the pleadings to the court clerk. The vehicle is deemed uninsured when its owner or operator is unknown.
Must the insurer be served with the lawsuit?
Yes. Va. Code § 38.2-2206(F) states that the insured shall serve a copy of the process upon the uninsured motorist insurer in the manner prescribed by law. Because the claim runs against your own policy, serving the insurer is a separate step from suing the at-fault driver or the John Doe defendant.
What are Virginia's minimum liability limits?
Under Va. Code § 46.2-472, policies effective on or after January 1, 2025 carry $50,000 for one person, $100,000 for two or more persons and $25,000 for property damage. Policies effective from 2022 until 2025 carry $30,000, $60,000 and $20,000.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team