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If an uninsured or underinsured driver causes a crash in Gloucester County or anywhere in Virginia, your UM/UIM policy may be your only source of full compensation. With Insurance Research Council data placing Virginia’s uninsured motorist rate at 12.9%, meaning about one in eight drivers lacks coverage, the risk of these accidents is high. Without adequate protection, a serious crash can leave you paying out of pocket for medical bills and lost wages.
GibsonSingleton Virginia Injury Attorneys is dedicated to helping you file a claim under that vital coverage to recover what you are rightfully owed. Led by attorneys Ken Gibson and John Singleton, our legal team has successfully helped accident victims across Hayes, Gloucester, the Northern Neck, and the Middle Peninsula fight for fair compensation. As experienced Virginia car accident attorneys, we know exactly how UM/UIM policies operate and have the strategic insight required to hold insurance companies accountable when they try to delay or deny your valid claim.
This page covers the essential difference between UM and UIM coverage, how Virginia law mandates these policies, and exactly what you need to do after a crash with an uninsured driver. It also outlines how the claims process works and highlights the local Gloucester County roads where these accidents happen most frequently. Call GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 to schedule a free consultation.
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When Insurance Companies Won't Listen, These Lawyers Make Them
Linda Heron
James Roark
I was rear-ended by someone who didn’t see me slowing for traffic in front of her because she had a dog in her car and she was handling her dog instead of watching the road. She was cited and pre-paid her ticket (was undeniably at-fault for the accident). I was slammed so hard my car was slammed into the car in….
Jacki P
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Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Virginia law requires two related but distinct types of coverage on every auto liability policy. These are uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. The distinction matters because each applies in a different situation, and the claims process varies depending on which coverage you use. Virginia Code § 38.2-2206 defines both terms and sets the rules for how each works.
Under § 38.2-2206(B)(1), a motor vehicle is “uninsured” if any of the following conditions is true, and each condition is treated independently for coverage purposes:
A motor vehicle is also deemed uninsured if its owner or operator is unknown. This is the “phantom vehicle” rule, which can apply in hit-and-run accidents. Virginia law no longer makes physical contact the simple dividing line. If there was no contact with the unknown vehicle, the accident must be reported promptly to the insurer or to law enforcement, or as soon as reasonably practicable under the circumstances.
If the at-fault driver fled the scene or cannot be identified, our hit-and-run injury lawyer page explains how uninsured motorist coverage works, the importance of prompt reporting, and the unique issues that arise in John Doe claims.
A motor vehicle is “underinsured” when the total amount of bodily injury and property damage coverage available from the at-fault driver’s policy is less than the injured person’s actual damages. UIM coverage fills the gap between what the at-fault driver’s insurance pays and your total losses.
For example, if a driver with only Virginia’s current minimum coverage ($50,000 per person) hits you and your medical bills, lost wages, and other damages total $150,000, your UIM coverage would pay up to $100,000 of the difference, provided your UIM limits are high enough. This gap can be substantial in serious crash cases involving long-term medical care or permanent disability.
Key Takeaway: UM coverage applies when the at-fault driver has no insurance at all or cannot be identified. UIM coverage applies when the at-fault driver has some insurance but not enough to cover your damages. Both are required on every Virginia auto policy under § 38.2-2206.
Every auto liability insurance policy issued or delivered in Virginia must include both UM and UIM coverage under § 38.2-2206. The minimum limits have increased significantly in recent years.
As of January 1, 2025, Virginia requires the following minimum liability and UM/UIM coverage limits under § 46.2-472, and these limits apply to all new and renewed policies statewide:
| Policy Effective Date | Per Person (Injury) | Per Accident (Injury) | Property Damage |
|---|---|---|---|
| Jan. 1, 2022 through Dec. 31, 2024 | $30,000 | $60,000 | $20,000 |
| Jan. 1, 2025 and after | $50,000 | $100,000 | $25,000 |
Under § 38.2-2206(A), your UM/UIM limits must equal your liability limits unless you specifically elect to reduce them. Any named insured can reject the additional coverage above the statutory minimum by notifying the insurer as described in § 38.2-2202. Once any named insured reduces the limits, that election is binding on all insureds under the policy.
Stacking can mean two different things in Virginia UM/UIM cases. First, under current Virginia law, UIM coverage generally pays in addition to the at-fault driver’s available liability coverage, unless a named insured signed a written election to reduce UIM payments by the available liability coverage. This means the injured person may be able to use both the at-fault driver’s policy and their own UIM coverage, up to the damages and policy limits that apply. This “stacking” concept changed significantly under Virginia law in 2023, expanding the potential coverage available to many injured drivers.
Second, when more than one UM/UIM policy may apply, Virginia law sets a priority order. The policy covering the vehicle occupied by the injured person comes first. Next is a policy where the injured person is a named insured. After that comes a policy where the injured person is insured but not named. If more than one insurer falls within the same priority level, their responsibility is divided proportionally.
Whether additional UM/UIM coverage is available depends on the policy language, the type of claim, and whether any written reduction election was signed.
Key Takeaway: Virginia law requires UM/UIM coverage on auto liability policies issued or delivered in Virginia. Your UM/UIM limits generally match your liability limits unless a named insured elects lower limits, but they cannot be reduced below Virginia’s required minimum limits.
They Made a Stressful Situation Feel Manageable
Lisa Ward
I had the pleasure of working with Ken Gibson and his staff after a car accident, and I couldn’t be more pleased. From the very first consultation, they made me feel confident and well-represented. The entire process was smooth, and they kept me updated every step of the way…
Shelley Kinser
Quevon Kinlow
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
The latest IRC figures show that uninsured drivers remain a real concern in Virginia. In 2023, 12.9% of Virginia drivers were uninsured, which is close to one in eight drivers. When you add drivers who carry only the state minimum, the number of motorists whose insurance may not fully cover a serious accident is even higher.
In Gloucester County, UM/UIM coverage can be especially important because many crashes happen on rural roads, commuter routes, and corridors used by out-of-county drivers. Drivers on Route 17, Route 198, Route 14, Hickory Fork Road, Guinea Road, Ware Neck Road, T.C. Walker Road, and other county roads may face higher-speed crashes with fewer nearby witnesses. If the at-fault driver has little or no insurance, local residents may need to rely on their own UM/UIM policies after a crash.
Because Route 17 is one of the county’s busiest transportation corridors, our Route 17 crash lawyer page discusses common accident scenarios, liability issues, and insurance challenges. For a closer look at local collision trends, see our Gloucester County Route 17 crash data analysis.
Gloucester County sits between the York River and the Chesapeake Bay, connected to the Hampton Roads area by the Coleman Bridge at Gloucester Point. Route 17 is the primary north-south corridor through the county, carrying a mix of local commuters, commercial trucks, and visitors. High-traffic intersections along Route 17, as well as secondary roads like Route 198, Route 14, and T.C. Walker Road, see frequent collisions.
Many of these crashes involve out-of-county or out-of-state drivers who may carry minimum or no insurance. When the at-fault driver’s coverage is insufficient, Gloucester County residents must turn to their own UM/UIM policies for compensation. Having adequate UM/UIM limits is especially important for drivers who regularly travel these roads.
The steps you take immediately after the crash can affect your ability to recover compensation under your UM/UIM policy. Acting quickly helps preserve evidence and protects your rights.
Follow these steps after a crash with an uninsured driver, and do not skip any step, even if injuries seem minor at first:
After a hit-and-run, report the crash to both the police and your insurer immediately. If the unknown driver caused the accident without actually making physical contact with your vehicle, Virginia law strictly requires you to report the incident to law enforcement or your insurance company as soon as reasonably possible.
Ken Gibson is an experienced trial attorney and a graduate of the University of Virginia and the University of South Carolina School of Law, where he was a member of the South Carolina Law Review and the Order of the Wig and Robe. Before founding the firm, he served as an Assistant Commonwealth’s Attorney in Norfolk and as Deputy Chief of the Special Litigation and Criminal Sections in the Civil Rights Division of the U.S. Department of Justice in Washington, D.C. He earned a Certificate of Commendation from FBI Director Robert S. Mueller, III and received multiple Special Achievement Awards for Outstanding Performance from the Department of Justice. Ken served in the United States Marine Corps Reserves.
Ken knows what it is like to be an injury victim. In his early 20s, his car was hit by a drunk driver, and he spent several months in physical therapy while dealing with insurance companies that pressured him to settle without a lawyer. That experience shapes his commitment to helping injured clients deal with insurers and pursue the recovery they deserve. Ken previously served on Gloucester County’s Board of Supervisors representing the Petsworth District and is a former president of the Gloucester Point Rotary Club, named Rotarian of the Year in 2015. He is an active member of the Virginia Trial Lawyers Association and the American Association of Justice, and has served his community through the Gloucester Community Foundation, the Edge Hill House Foundation, and the Middle Peninsula Bar Association.
John Singleton is originally from Charleston, West Virginia, and has made Gloucester, Virginia, his home. He served in the United States Marine Corps in China and Beirut, Lebanon. John is a graduate of Colby College in Waterville, Maine, and Mercer University Law School in Macon, Georgia.
John learned his trial skills working for a large insurance defense firm, giving him firsthand knowledge of how insurance companies evaluate, delay, and deny claims. He uses that insight to give his clients outstanding counsel and a strategic advantage in UM/UIM disputes. John serves as a Special Justice for the Ninth Judicial Circuit, hearing adult mental health commitment matters. He also serves his community through the Middle Peninsula Bar Association, The Fairfield Foundation, Gloucester-Mathews Care Clinic, and Rural Housing.
Support You Can Count On After an Accident
Barbara Deaver
On April 14, 2021, I was in a vehicle accident, my leg was broken. I was taken to the hospital for surgery, now I have four screws and wire in my leg. I didn’t know anything about lawyers. I was at dinner one night; my leg was in a brace the owner asked me what happened. I told him and he recommended GibsonSingleton….
Bo Dixon
Ken Gibson and John Singleton are first class attorneys. They are professional, dependable, family oriented, and down to earth people. They will work with you to make sure you get quality representation at a fair price. I have had representation from each of them, both with winning outcomes…
Taffi Simone
Filing a UM/UIM claim is different from a standard liability claim against another driver’s insurance. You are filing a claim against your own insurer, and the process has specific steps and deadlines that must be followed carefully.
The general process works as follows, and missing a required step can jeopardize your right to recover:
Do not miss the filing deadline. Under Virginia Code § 8.01-243, personal injury actions generally must be brought within two years after the cause of action accrues. Policy notice requirements may be earlier, so injured people should act quickly. Our guide to the Virginia car accident statute of limitations explains the two-year filing deadline and other timing requirements that can affect UM/UIM claims.
If a lawsuit is filed against an uninsured or underinsured driver and the injured person intends to rely on UM/UIM coverage, Virginia law requires the insurer to be served with a copy of the lawsuit as though the insurer were a party defendant. If the at-fault driver is unknown, the case may be filed against “John Doe,” and the insurer must be served. In a no-contact unknown-driver case, prompt reporting to the insurer or law enforcement is required.
When you file a UM/UIM claim, you are making a claim against your own insurance company. Many policyholders assume their insurer will treat them fairly because they have been paying premiums for years. In practice, your insurer’s interests and yours are no longer aligned once a UM/UIM claim is filed.
Common insurer tactics in UM/UIM claims include the following, each of which can significantly reduce your recovery if you are not prepared:
UM/UIM coverage can compensate you for the same types of damages you could recover in a lawsuit against the at-fault driver. Damages you can recover through a Virginia UM/UIM claim include:
If you are wondering what a UM/UIM claim may be worth, our guide to the average car accident settlement in Virginia explains how factors such as medical expenses, lost income, injury severity, and available insurance coverage can affect compensation.
UM/UIM claims involve legal issues that most accident victims are not equipped to handle alone. The strict requirements of Virginia’s UIM add-on rules, written UIM reduction elections, settlement and release procedures under Virginia Code § 38.2-2206, policy-based arbitration clauses, and the two-year statute of limitations under Virginia Code § 8.01-243 create multiple opportunities for a valid claim to be reduced or denied.
Your consultation with GibsonSingleton Virginia Injury Attorneys is completely free, and you pay nothing unless we win or settle your case. With Ken Gibson’s background as a federal prosecutor and John Singleton’s experience in insurance defense, we know exactly how insurance companies operate. When you have to fight your own insurer, you need a team that can anticipate their tactics and is fully prepared to take your case to trial.
GibsonSingleton Virginia Injury Attorneys represents UM/UIM accident victims throughout the following areas:
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If you were hurt by an uninsured or underinsured driver on Route 17, a Gloucester County back road, or anywhere in Virginia, you need an attorney who knows how to hold your own insurer accountable for what your policy promises. Delaying legal advice even briefly can cost you critical rights under your UM/UIM policy.
Ken Gibson and John Singleton at GibsonSingleton Virginia Injury Attorneys represent UM/UIM accident victims across Hayes, Gloucester, the Northern Neck, and the Middle Peninsula, including cases filed in the Gloucester County Circuit Court. There is no fee unless we win or settle your claim.
Call GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 or toll-free at (855) 781-6777 for a free consultation. Our office is located at 4073 S George Washington Memorial Highway, Hayes, VA 23072, and serves clients throughout Gloucester County, the Middle Peninsula, the Northern Neck, and all of Virginia. Do not accept a settlement offer before speaking with an experienced UM/UIM attorney.
Yes. Under § 38.2-2206, every auto liability insurance policy issued or delivered in Virginia must include UM/UIM coverage. Furthermore, as of July 1, 2024, Virginia law made auto liability insurance strictly mandatory for all registered vehicles, eliminating the old option to pay a $500 Uninsured Motor Vehicle fee to the DMV to legally drive without insurance. The minimum limits must be at least equal to the financial responsibility limits in § 46.2-472, which are currently $50,000 per person and $100,000 per accident. A named insured may elect to reduce coverage below the policy’s liability limits, but not below the statutory minimum.
Yes, UM coverage may still apply after a hit-and-run, even when the driver is never found. In a no-contact crash, Virginia law requires prompt reporting to law enforcement or the insurer. A police report, photos, witness information, and a quick notice to your insurance company can help protect the claim.
UIM coverage applies when the at-fault driver has insurance, but the available coverage is not enough to cover your losses. Your own UIM policy may help cover the remaining damages, up to the limits that apply. Before signing a release, the settlement should be handled in a way that preserves the UIM claim.
Under § 38.2-2206(B)(1), the definition of “insured” includes guests in the motor vehicle to which the policy applies, so yes, passengers are covered. As a passenger, you may claim under the vehicle owner’s UM/UIM policy and, in some cases, under your own auto policy as well.
In most Virginia personal injury cases, the lawsuit deadline is two years from the date of injury. UM/UIM policies may also require earlier notice to the insurance company, so it is important to report the claim quickly, even when the court filing deadline is still months away.
A UM/UIM claim is a first-party claim on your own policy, not a liability claim based on your own fault. Virginia law limits adverse action against policyholders for not-at-fault claims. Filing a UM/UIM claim for an accident you did not cause should not be treated the same as an at-fault accident.
Under § 38.2-2206(B)(1)(ii), if the at-fault driver’s insurer denies coverage for any reason, including the insured’s failure to cooperate, the at-fault vehicle is deemed “uninsured.” Your own UM coverage then steps in to cover your damages as if the at-fault driver had no insurance at all, which means the full value of your losses may be recoverable through your own policy.
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