You’re sitting in your damaged car after an accident at an intersection. You’re shaking and trying to process what just happened. In the middle of the chaos, the other driver admits that they don’t have insurance—your mind races to the paperwork you signed when you bought your policy.
You remember something about uninsured/underinsured (UM/UIM) coverage. You think that might help cover your expenses, but then you worry: "If I use it, will that make my rates go through the roof?"
This is one of the most common fears we hear from accident victims. Fortunately, you don’t have to wrestle with this on your own.
At Shapiro, Washburn & Sharp, we have decades of experience protecting injured drivers in Virginia. Our firm is recognized as a Tier 1 “Best Law Firm” for general personal injury, and we have handled hundreds of claims just like the one you’re considering.
If you or a loved one has been injured and you have questions, contact our Virginia Beach car accident attorneys at 833-997-1774 for a free consultation.
What Is UM/UIM Coverage?
Uninsured motorist (UM) coverage protects you when you’re hit by a driver who has no insurance at all. They might have been driving without coverage, or they may have been driving a stolen vehicle.
Underinsured motorist (UIM) coverage kicks in when the at-fault driver has some insurance, but their policy limits are not high enough to cover all your expenses. Imagine you have $75,000 in medical bills, but the at-fault driver has Virginia’s minimum coverage limit of $50,000 per person. Your UIM coverage could help fill in that $25,000 gap.
Under Virginia Code 38.2-2206, your insurance carrier has to provide UM/UIM coverage in your policy unless you specifically ask for it not to in writing. That means you may have this coverage even if you don’t realize it. Typically, your coverages will mirror each other, so if you have $100,000 in liability coverage, you’ll have $100,000 in UM/UIM coverage.
Even better, since July 1, 2023, Virginia law allows injured victims to “stack” policies, which means you can recover the full value of your UIM policy in addition to the at-fault driver’s liability coverage. Before this change, insurance companies would subtract what the other driver paid from your coverage. Now, both coverages add together, giving you better protection.
Let’s say you’re in an accident with a UIM that causes you $100,000 in damages. The at-fault driver has $50,000 in coverage (Virginia’s current minimum per person), and you have $100,000 in UIM coverage. Under the old law, you could recover only $50,000 from your own UIM to cover the difference. Under the new law, you can now collect the full $100,000 from your UIM policy, plus the $50,000 from the other driver, giving you $150,000 in total coverage.
Will Taking UIM Coverage Raise My Rates?
It’s common to worry that claiming your own UM/UIM coverage will cause your insurance premiums to increase. In Virginia, however, insurance companies are not supposed to increase rates unless you were partially or wholly at fault for the accident.
Virginia Code 38.2-1905 states that no insurance company can increase your premium or charge points against you “unless the accident was caused either wholly or partially” by you, someone in your household, or another regular driver of your vehicle.
UM/UIM coverage exists specifically for accidents that aren’t your fault. Virginia law recognizes this and protects you from being punished by your insurance company for someone else’s mistake.
If your insurance company does try to increase your rates after a UM/UIM claim, they have to let you know in writing and explain their reasons. You also have the right to appeal their decision to the Virginia Commissioner of Insurance within 60 days.
What If I Was Partially At Fault?
Virginia law follows the “pure contributory negligence” rule, which means that if you are even one percent at fault for causing the accident, you are completely barred from recovering damages from another party. That means that even if you get into an accident with an UM/UIM driver, if you’re even slightly at fault for that accident, you likely won’t be able to recover UM/UIM benefits from your own policy. Your own insurer is likely to raise the defense of contributory negligence.
So practically speaking, if you’re even a little at fault, you can’t collect under UM/UIM for personal injury. That means that if you’re rear-ended at a stoplight, but your brake lights were out, even though the other driver hit you clearly from behind, your broken brake lights could be seen as contributing to the crash, and you could be barred from recovery.
There are rare exceptions to this rule. According to the “last clear chance” doctrine, even if you were negligent, you can still recover if the other driver had the last clear chance to avoid the accident but failed to do so.
Imagine you were driving on a two-lane highway at night, for example, and you were distracted and moved into the other lane. You quickly corrected, but at that moment, an oncoming car, whose driver had a clear view of you and plenty of space to steer away, kept coming straight and smashed into your vehicle head-on.
You were negligent in briefly crossing the line, but once you corrected, you were back in a safe lane. The other driver had the last clear chance to avoid the crash and didn’t, so in that case, you may still be able to recover UM benefits.
Another exception may occur if the other driver was driving while drunk, which would qualify as willful and wanton negligence. Even if you made a small mistake, you may still be able to recover damages because the other driver’s actions were willfully reckless.
Then Might My Rates Increase?
If you were partially or wholly at fault for the crash, things change when it comes to your insurance premiums. Your insurance company could raise your rates at that point. Talk to your lawyer about it, but in that case, it may not be wise to make a claim against your UM/UIM coverage.
For most people in Virginia, though, the risk of a rate hike for filing a UM/UIM claim is minimal. As long as you were not at fault and the insurance company acknowledges that you weren’t, you should feel confident in making a claim for your damages.
How A Car Accident Lawyer Can Help
At Shapiro, Washburn & Sharp, we’ve guided countless Virginia residents through this exact situation. We understand your fears and concerns and offer free consultations to discuss your specific situation. If your case moves forward, we work on a contingency fee basis, which means you don’t owe us anything unless we recover funds for you.
If you’re wondering, should I file my UM/UIM claim or hold off because of rate worries? The short answer is if you weren’t at fault, you should file.
We can help. Contact our offices right away, and we will assemble the evidence needed to show that you were not at fault while exploring every possible avenue for coverage of your medical expenses.
One of our previous clients was injured when the vehicle she was riding in was involved in a hit-and-run accident. Since the police couldn’t track down the driver, we advised our client to file a claim with her own insurance provider for UIM coverage. Our client’s insurance company tried to deny coverage and minimize the settlement on her claim. We intervened on her behalf and helped negotiate a settlement totaling $225,000.
We have several offices for your convenience in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake.
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