Get ready, Commonwealth drivers. Your auto insurance policy might be changing. Recently, Virginia passed a new law to help improve car insurance coverage. The new law targets uninsured and underinsured motorist (UM/UIM) coverage for all Virginia motorists. It took effect July 1st, 2023, and affects auto insurance policies issued or renewed after this date.
How Might My Auto Insurance Policy Be Changed?
When you purchase auto insurance in Virginia, you are automatically purchasing two types of coverage: (1) liability coverage; and (2) uninsured/underinsured motorist coverage (UM/UIM).
- Liability Coverage: provides coverage to OTHERS who are injured when you are at fault for causing a wreck.
- UM/UIM Coverage: provides YOU (and potentially others) coverage if you are injured because of the fault of another person.
Prior to July 1, 2023, you could only recover under your UM/UIM policies if the total UM/UIM coverage available exceeded the liability coverage.
How Did Uninsured Motorist Coverage Work Before the New Law Went into Effect?
Changes in the Code of Virginia § 38.2-2206 affect how UM/UIM coverage is applied. Policies issued before July 2023 calculated UIM coverage by subtracting the at-fault party’s liability coverage limit from the claimant’s UIM limits.
Example:
Allison hits Bob.
Allison has $100,000 in liability coverage.
Bob has $100,000 in UM/UIM coverage.
Because Allison’s liability coverage equals Bob’s UM/UIM coverage, he can’t “stack” the policies and collect under both policies.
In this case, there will only be $100,000 of available insurance coverage.
How Does Uninsured Motorist Coverage Work After July 1st, 2023?
As of July 1, 2023, there is no longer a “credit” for liability coverage. This means you can recover under your UM/UIM policy in addition to the liability coverage whether or not the total UM/UIM exceeds the liability coverage.
Under the updated Code of Virginia § 38.2-2206, a UIM insurer can no longer subtract the other driver’s liability coverage from their UIM policies. Moving forward, the state will allow what insiders call insurance “stacking” so insurance policies can combine to allow for greater coverage.
Example:
Allison hits Bob.
Allison has $100,000 in liability coverage.
Bob has $100,000 in UM/UIM coverage.
Bob can “stack” these policies and collect under both the liability policy and the UM/UIM policy.
In this case, there will be $200,000 of available insurance coverage ($100,000 from Allison’s liability policy and $100,000 from Bob’s UM/UIM policy).
Should I Opt Out Due to This New Change?
New changes in uninsured motorist coverage mean you may receive a call from your insurance company offering an incentive to back out of the new law by reducing or eliminating your UIM coverage. However, insurance companies will try to trick you!
- This change in the law is beneficial to drivers because it provides more coverage.
- The change is automatic – meaning, unless you opt out, you will have this benefit under any policy issued after July 1, 2023.
- Insurance companies don’t want you to get this benefit, so they will try to trick you by telling you your policy rates will drop if you opt out of this coverage.
- However, the amount that your premium would drop is minimal and not worth it!
- If you take advantage of the new law (you do not opt out), you will have more (and maybe much more) insurance coverage available if you are ever hurt in a wreck.
- Using the above example, if Bob had “opted out” of the new law, he would be limited to recovering only $100,000 from insurance rather than $200,000.
Before you agree to anything or sign paperwork from your insurance carrier, consider your car insurance needs and financial situation carefully. Opting out could save you a few dollars on your premiums. However, you cannot take advantage of stacking coverage. You may be giving up essential protections and resources you may need in the event of an accident with an uninsured or underinsured motorist.
Does This New Coverage Automatically Take Effect on My Policy?
Virginia’s new law takes effect for drivers when their policy renews. Most auto insurance policies renew every six months. You do not receive the additional benefits the new Virginia law provides until your policy renews. If you have questions about your renewal date or when the law may impact your insurance coverage, contact your insurance provider.
What Is Uninsured Motorist Coverage?
The Insurance Information Institute (III) estimates that over 10 percent of Virginia drivers do not carry liability insurance. Many drivers carry insurance policies that meet only the minimum coverage limits, which means they may not be able to pay for the full extent of a severe accident they cause. So what happens when you are injured in an accident by a careless motorist with minimal or no auto insurance coverage? If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage on your policy, you can file a claim with your carrier seeking money for your injuries.
Simply put, UM/UIM insurance coverage protects you if the at-fault driver does not have insurance or doesn’t carry enough insurance.
What Is Stacking?
Virginia’s changes to its UM/UIM insurance rules now allow for the “stacking” of policies, meaning coverage limits are added together rather than subtracted.
Now that policies can be stacked, you can recover the full value of your UIM policy in addition to the coverage provided by an at-fault driver’s liability policy. Under this new system, $30,000 in liability coverage and $50,000 in UIM coverage could yield a total of $80,000 to pay for accident-related losses.
What Should I Do If I Am Involved in a Car Accident in Virginia?
If you are involved in a car accident with a negligent motorist, consider taking the following steps:
- Contact the authorities.
- Exchange information with the other driver.
- Document the scene as thoroughly as possible.
- Seek medical treatment immediately.
- Contact an experienced Virginia car accident attorney.
- Follow your medical provider’s treatment plan.
- Keep all medical bills, repair receipts, and vital documents.
- Avoid posting on social media platforms.
- Keep a pain journal to track your recovery progress.
Following these steps can protect your health as well as your right to compensation for your injuries.
Do I Have a Time Limit for Filing a Car Accident Claim in Virginia?
Depending on the circumstances, filing a personal injury lawsuit against an at-fault driver could be the best option for recovering the money you need. However, you do not have unlimited time to take legal action. Virginia gives you two years from the accident date to file a lawsuit seeking compensation. Filing after the deadline passes can result in the dismissal of your case and severely limit the compensation you can recover.
Contact a Virginia Car Accident Lawyer
Have you been injured by an uninsured or underinsured motorist in Virginia? If so, contact Marks & Harrison for help today. Our legal team can review your situation, determine your avenues for compensation, and pursue them aggressively. We know how to negotiate with insurers for the money you need to get back on your feet again, and we aren’t afraid to go to court to protect your rights. Contact us today to get started with a free consultation with a Virginia car accident lawyer.
