Virginia · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Virginia: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Since July 1, 2024, every car registered in Virginia must be insured; the old option to pay a $500 Uninsured Motor Vehicle fee instead is gone (Virginia DMV). Required.

Uninsured motorist (UM) coverage
Required
Minimum liability
50/100/25
Insurance system
Fault (tort)

Uninsured motorist coverage in Virginia

Uninsured / underinsured motorist (UM/UIM)
Required. Every policy must include uninsured motorist coverage (bodily injury and property damage) at least equal to the minimum limits; UM limits equal your liability limits unless a named insured rejects the extra amount. Underinsured motorist coverage is included at limits equal to UM (Va. Code § 38.2-2206). For damage by an unidentified hit-and-run driver you pay the first $200 (SCC).
Liability minimum
50/100/25 (policies effective on or after January 1, 2025; 30/60/20 before that)
Official text
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Compare every state in the minimum insurance table.

If the other driver has no insurance in Virginia

  • Since July 1, 2024, every car registered in Virginia must be insured; the old option to pay a $500 Uninsured Motor Vehicle fee instead is gone (Virginia DMV).
  • If an uninsured or hit-and-run driver injures you or damages your car, you claim under your own required uninsured motorist coverage.

State forms and programs in Virginia

  • If you can't show insurance when the DMV asks, it suspends your license, registrations and plates until you pay a $600 noncompliance fee and file proof of future financial responsibility (SR-22) for three years (Va. Code § 46.2-706; DMV).

Penalties for driving uninsured in Virginia

  • Driving an uninsured car is a Class 3 misdemeanor (Va. Code § 46.2-707).

Recent changes in Virginia

  • July 1, 2024: the Uninsured Motor Vehicle fee option ended; all registered vehicles must carry insurance (Virginia DMV).

How fast an insurer must handle a claim in Virginia

  • Under the SCC's claim rules (14VAC5-400), an insurer must acknowledge a claim within 15 calendar days (14VAC5-400-50).
  • For your own (first-party) claim, it must accept or deny within 15 calendar days after getting a proper proof of loss, or tell you why it needs more time; if the investigation isn't done, it must send written status notices every 45 days (14VAC5-400-60).
  • Denials must be in writing with reasons (14VAC5-400-70).
  • Va. Code § 38.2-510 lists unfair claim settlement practices.

Claiming from the uninsured driver in Virginia

Small claims limit for car damage in Virginia: $5,000 in General District Court small claims; bigger claims up to $50,000 go on the regular General District Court docket. Virginia small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Virginia

  1. Report the crash to the police. After any crash where someone is hurt or killed, or an attended car or other attended property is damaged, you must stop and right away give your name, address, driver's license number and registration number to the State Police or local police, or to the injured person, the other driver or an occupant, or the property owner. Reporting a crash in Virginia and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Virginia it is required.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 5 years for property damage and 2 years for injury. Deadlines to sue in Virginia, with the calculator

Free help in Virginia

Questions about uninsured drivers in Virginia

Is uninsured motorist coverage required in Virginia?

Required. Every policy must include uninsured motorist coverage (bodily injury and property damage) at least equal to the minimum limits; UM limits equal your liability limits unless a named insured rejects the extra amount. Underinsured motorist coverage is included at limits equal to UM (Va. Code § 38.2-2206). For damage by an unidentified hit-and-run driver you pay the first $200 (SCC).

What happens if you drive without insurance in Virginia?

Driving an uninsured car is a Class 3 misdemeanor (Va. Code § 46.2-707).

What can I do if an uninsured driver hits me in Virginia?

Since July 1, 2024, every car registered in Virginia must be insured; the old option to pay a $500 Uninsured Motor Vehicle fee instead is gone (Virginia DMV). If an uninsured or hit-and-run driver injures you or damages your car, you claim under your own required uninsured motorist coverage. If you can't show insurance when the DMV asks, it suspends your license, registrations and plates until you pay a $600 noncompliance fee and file proof of future financial responsibility (SR-22) for three years (Va. Code § 46.2-706; DMV).

What is the minimum car insurance in Virginia?

50/100/25 (policies effective on or after January 1, 2025; 30/60/20 before that)

How long do I have to sue an uninsured driver in Virginia?

5 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in Virginia?

Under the SCC's claim rules (14VAC5-400), an insurer must acknowledge a claim within 15 calendar days (14VAC5-400-50). For your own (first-party) claim, it must accept or deny within 15 calendar days after getting a proper proof of loss, or tell you why it needs more time; if the investigation isn't done, it must send written status notices every 45 days (14VAC5-400-60).

More for Virginia drivers

Nearby states

Sources

Last checked: Oct 24, 2026.