What Happens When the Driver Who Hit You Has No Insurance in Virginia?

 Posted on May 24, 2026 in Car & Truck Accidents

If the driver who hit you has no insurance, you may not know where to turn for compensation. That situation is frustrating, and in 2026, it is very common. New Virginia laws now require all drivers to carry coverage, but uninsured drivers are still on the road. A Winchester, VA car accident attorney can review your policy, explain your options, and help you pursue every available source of compensation.

How Many Virginia Drivers Have No Insurance?

Virginia used to allow drivers to skip car insurance by paying a $500 annual fee. That option ended on July 1, 2024, when the state required all drivers to carry liability coverage. Starting January 1, 2025, Virginia’s minimum liability limits rose to $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage. These minimum limits are listed by the Virginia DMV and tied to Virginia Code § 46.2-472.

These changes have helped reduce uninsured drivers, but they have not solved the problem. According to the Insurance Research Council's Uninsured and Underinsured Motorists: 2017–2023 report, one in three drivers nationally was either uninsured or underinsured in 2023, a 10 percentage point increase since 2017. Those drivers are still sharing the road with you.

How Do Uninsured and Underinsured Motorist Coverage Work in Virginia?

Virginia law requires your own auto insurance policy to include uninsured motorist (UM) coverage. If the driver who hit you has no insurance, this coverage can pay for your medical bills, lost wages, and other losses up to your policy limits. It can also apply if a hit-and-run driver cannot be found. If you are not sure what your policy covers, a personal injury attorney can review it with you.

Underinsured motorist (UIM) coverage works differently. It applies when the at-fault driver has insurance, but their limits are too low to cover your losses. For example, if your medical bills total $90,000 and the at-fault driver only carries $50,000, your UIM policy may cover the remaining $40,000. Since July 2023, Virginia law has allowed policyholders to add their UIM limits on top of the at-fault driver's coverage. Before that change, insurers subtracted one from the other. That shift can mean significantly more money available to seriously injured victims.

Can You Sue an Uninsured Driver in Virginia Car Accident Cases?

Filing a lawsuit is possible, but the result depends on whether the other driver can actually pay. Many uninsured drivers do not have assets or income to cover a serious verdict. An attorney can look into the other driver's finances before you commit to that path.

There may be other responsible parties as well. If the uninsured driver was working at the time, their employer may share liability. If a defective vehicle part played a role, the manufacturer could be responsible. An attorney can identify every available source of recovery.

What Steps Should You Take After a Virginia Car Accident With an Uninsured Driver?

The actions you take in the days after the crash can have a big impact on your claim:

• Report the accident to your own insurance company right away, even if you were not at fault. Your policy may require prompt notice, and Virginia law has special notice rules for some hit-and-run claims.

• Get medical care immediately and keep records of every appointment, prescription, and diagnosis.

• Do not accept any settlement offer before you understand the full extent of your injuries.

• Write down everything you remember about the crash while the details are still fresh, including the names of any witnesses.

Virginia's contributory negligence rule is strict. If an insurer can show you were even partly at fault, you could lose your right to any compensation. Careful documentation and prompt legal help protect your claim from the start. 

Contact a Winchester, VA Personal Injury Attorney for a Free Consultation

At Parthemos, Curran, Buelow and Polizzi, PLLC, our attorneys take on cases that other firms will not touch, including complex uninsured and underinsured motorist claims. Our team has more than 120 years of combined experience. We will not take your case unless we are prepared to fight for you in court. We also keep our clients informed at every stage, so you always know where things stand. If you were injured by an uninsured driver in Virginia, contact a Gainesville, VA car accident lawyer at Parthemos, Curran, Buelow and Polizzi, PLLC for a free consultation. Call 540-662-4222 today.