GLOUCESTER COUNTY, VA – September 02, 2026 – When an uninsured or underinsured driver causes a crash in Virginia, a victim’s own uninsured and underinsured motorist coverage may be the only source of full compensation, particularly given that roughly one in eight Virginia drivers lacks insurance. Gloucester County car accident attorney John Singleton of GibsonSingleton Virginia Injury Attorneys (https://www.gibsonsingleton.com/gloucester-car-accident-lawyer/underinsured-uninsured-motorist/) details the difference between the two coverage types, what Virginia law requires, and what to do after a crash.

According to Gloucester County car accident attorney John Singleton, Virginia Code § 38.2-2206 requires every auto liability policy issued or delivered in the Commonwealth to include both uninsured motorist and underinsured motorist coverage. Uninsured motorist coverage applies when the at-fault driver has no insurance or cannot be identified, while underinsured motorist coverage fills the gap when the at-fault driver has some insurance but not enough to cover the victim’s damages. “These two coverages apply in different situations,” Singleton explains. “Knowing which one fits your case affects how the claim is handled.”

Gloucester County car accident attorney John Singleton notes that a vehicle is considered uninsured under the statute if it has no qualifying liability insurance, if the insurer denies coverage, or if the owner or operator is unknown, which is the phantom-vehicle rule that can apply in hit-and-run crashes. In a no-contact unknown-driver case, the accident must be reported promptly to the insurer or to law enforcement.

Singleton points out that Virginia’s minimum coverage limits increased as of January 1, 2025, to $50,000 per person and $100,000 per accident for injury, along with $25,000 for property damage. A named insured’s coverage generally must equal their liability limits unless they specifically elect to reduce them, though the coverage cannot be reduced below the statutory minimum.

Attorney Ken Gibson explains that filing an uninsured or underinsured motorist claim is different from a standard liability claim because the victim is filing against their own insurer. “Once a claim like this is filed, your insurer’s interests and yours are no longer aligned,” Gibson notes. “Common tactics include low initial offers, requests for recorded statements, and deliberate delays designed to pressure claimants facing mounting medical bills.”

The firm advises that several steps protect a claim after a crash with an uninsured driver, including calling 911 and requesting a police report, documenting the scene, notifying the insurer promptly, and declining to give a recorded statement before speaking with an attorney. Gibson adds that in a hit-and-run, the crash should be reported to both the police and the insurer immediately.

Singleton observes that the claims process involves specific steps and deadlines, including written notice to the insurer and, in an underinsured motorist claim, addressing the at-fault driver’s available coverage in a way that preserves the underinsured claim. Under Virginia Code § 8.01-243, personal injury actions generally must be brought within two years, though policy notice requirements may be earlier.

Attorney Gibson also notes that passengers are covered under the statutory definition of an insured person, and that if an at-fault driver’s insurer denies coverage for any reason, the at-fault vehicle is deemed uninsured, allowing the victim’s own coverage to step in. When more than one policy may apply, Virginia law sets a priority order, beginning with the policy covering the vehicle the injured person occupied, followed by a policy under which that person is a named insured, and then a policy under which the person is insured but not named.

For those hurt by an uninsured or underinsured driver in Gloucester County or anywhere in Virginia, the terms of a policy and the timing of a claim can significantly affect recovery. Contacting an experienced personal injury attorney may help protect those rights.

About GibsonSingleton Virginia Injury Attorneys:

GibsonSingleton Virginia Injury Attorneys is a Hayes-based law firm focused on car accident and personal injury claims throughout Virginia. Led by attorneys Ken Gibson and John Singleton, the firm represents accident victims across Gloucester County, the Northern Neck, and the Middle Peninsula. For consultations, call (804) 413-6777.

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Company Name: GibsonSingleton Virginia Injury Attorneys
Contact Person: Michelle Cain
Email: Send Email
Phone: (804) 413-6777
Address:4073 S George Washington Mem Hwy
City: Hayes
State: Virginia 23072
Country: United States
Website: https://www.gibsonsingleton.com/