{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2206.html"}],"law_id":76965,"edition_id":1,"section_id":76965,"structure_id":13816,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","history":"Code 1950, \u00a7 38-238; 1952, c. 317, \u00a7 38.1-381; 1958, c. 282; 1959, Ex. Sess., cc. 42, 70; 1960, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182, 459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc. 225, 390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980, cc. 326, 331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985, cc. 39, 325; 1986, c. 562; 1987, c. 519; 1988, cc. 565, 578, 585, 586, 594; 1989, c. 621; 1993, c. 381; 1995, cc. 189, 267, 476; 1997, cc. 170, 191; 1999, c. 992; 2001, c. 218; 2003, c. 283; 2010, c. 492; 2011, c. 107; 2015, cc. 584, 585; 2019, c. 779; 2022, c. 308; 2024, c. 781.","full_text":"A\n\nExcept as provided in subsection J, no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.2-472. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless any one named insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in subsection B of § 38.2-2202. This rejection of the additional uninsured motorist insurance coverage by any one named insured shall be binding upon all insureds under such policy. The endorsement or provisions shall also provide underinsured motorist insurance coverage with limits that shall be equal to the uninsured motorist insurance coverage limits and shall obligate the insurer to make payment for bodily injury or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured.\n\t\t\tThe endorsement shall provide that underinsured motorist coverage shall be paid without any credit for the bodily injury and property damage coverage available for payment, unless any one named insured signs an election to reduce any underinsured motorist coverage payments by the bodily injury liability or property damage liability coverage available for payment by notifying the insurer as provided in subsection C of § 38.2-2202. This election by any one named insured shall be binding upon all insureds under such policy.\n\t\t\tThe endorsement or provisions shall also provide for at least $20,000 coverage for damage or destruction of the property of the insured in any one accident but may provide an exclusion of the first $200 of the loss or damage where the loss or damage is a result of any one accident involving an unidentifiable owner or operator of an uninsured motor vehicle.\n\t\t\tFor the purposes of this section, “legally entitled to recover” has the same meaning as provided in § 8.01-66.1.B\n\n1. As used in this section:\n\t\t\t“Bodily injury” includes death resulting from bodily injury.\n\t\t\t“Insured” as used in subsections A, D, G, and H, means the named insured and, while resident of the same household, the spouse of the named insured, and relatives, wards or foster children of either, while in a motor vehicle or otherwise, and any person who uses the motor vehicle to which the policy applies, with the expressed or implied consent of the named insured, and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above.\n\t\t\t“Uninsured motor vehicle” means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by \u00a7 46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of such insurance, (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of \u00a7 46.2-368, or (v) the owner or operator of the motor vehicle is immune from liability for negligence under the laws of the Commonwealth or the United States, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown.\n\t\t\tA motor vehicle is “underinsured” when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Article 15 (\u00a7 46.2-435 et seq.) of Chapter 3 of Title 46.2, is less than the total amount of damages sustained up to the total amount of underinsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.\n\t\t\t“Available for payment” means the amount of liability insurance coverage applicable to the claim of the injured person for bodily injury or property damage reduced by the payment of any other claims arising out of the same occurrence.2\n\nIf an injured person is entitled to uninsured or underinsured motorist coverage under more than one policy, the insurers shall be obligated to the injured person in the following order of priority of payment:\n\t\t\t\ta. The policy covering a motor vehicle occupied by the injured person at the time of the accident;\n\t\t\t\tb. The policy covering a motor vehicle not involved in the accident under which the injured person is a named insured;\n\t\t\t\tc. The policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured.\n\t\t\t\tWhere there is more than one insurer providing coverage under one of the payment priorities set forth, their liability shall be proportioned as to their respective available uninsured or underinsured motorist coverages.3\n\nIf an injured person is entitled to underinsured motorist coverage under one or more policies wherein a named insured has elected to reduce the underinsured motorist limits by the available bodily injury liability insurance or property damage liability insurance coverage available for payment, any amount available for payment shall be credited against such policies in payment priority pursuant to subdivision 2 a only, and where there is more than one such policy entitled to such credit, the credit shall be apportioned pro-rata pursuant to the policies’ respective available underinsured motorist coverages.4\n\nRecovery under the endorsement or provisions shall be subject to the conditions set forth in this section.C\n\nThere shall be a rebuttable presumption that a motor vehicle is uninsured if the Commissioner of the Department of Motor Vehicles certifies that, from the records of the Department of Motor Vehicles, it appears that (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472 covering the owner or operator of the motor vehicle; (ii) no bond has been given or cash or securities delivered in lieu of the insurance; or (iii) the owner or operator of the motor vehicle has not qualified as a self-insurer in accordance with the provisions of § 46.2-368.D\n\nIf the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, and if the damage or injury results from an accident where there has been no contact between that motor vehicle and the motor vehicle occupied by the insured, or where there has been no contact with the person of the insured if the insured was not occupying a motor vehicle, then for the insured to recover under the endorsement required by subsection A, the accident shall be reported promptly to either (i) the insurer or (ii) a law-enforcement officer having jurisdiction in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report shall be made as soon as reasonably practicable under the circumstances.E\n\nIf the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as “John Doe” and service of process may be made by delivering a copy of the motion for judgment or other pleadings to the clerk of the court in which the action is brought. Service upon the insurer issuing the policy shall be made as prescribed by law as though the insurer were a party defendant. The provisions of § 8.01-288 shall not be applicable to the service of process required in this subsection. The insurer shall have the right to file pleadings and take other action allowable by law in the name of John Doe.F\n\nIf any action is instituted against the owner or operator of an uninsured or underinsured motor vehicle by any insured intending to rely on the uninsured or underinsured coverage provision or endorsement of this policy under which the insured is making a claim, then the insured shall serve a copy of the process upon this insurer in the manner prescribed by law, as though the insurer were a party defendant. The provisions of § 8.01-288 shall not be applicable to the service of process required in this subsection. The insurer shall then have the right to file pleadings and take other action allowable by law in the name of the owner or operator of the uninsured or underinsured motor vehicle or in its own name. Notwithstanding the provisions of subsection A, the immunity from liability for negligence of the owner or operator of a motor vehicle shall not be a bar to the insured obtaining a judgment enforceable against the insurer for the negligence of the immune owner or operator, and shall not be a defense available to the insurer to the action brought by the insured, which shall proceed against the named defendant although any judgment obtained against an immune defendant shall be entered in the name of “Immune Defendant” and shall be enforceable against the insurer and any other nonimmune defendant as though it were entered in the actual name of the named immune defendant. Nothing in this subsection shall prevent the owner or operator of the uninsured motor vehicle from employing counsel of his own choice and taking any action in his own interest in connection with the proceeding.G\n\nAny insurer paying a claim under the endorsement or provisions required by subsection A shall be subrogated to the rights of the insured to whom the claim was paid against the person causing the injury, death, or damage and that person’s insurer, although it may deny coverage for any reason, to the extent that payment was made. The bringing of an action against the unknown owner or operator as John Doe or the conclusion of such an action shall not bar the insured from bringing an action against the owner or operator proceeded against as John Doe, or against the owner’s or operator’s insurer denying coverage for any reason, if the identity of the owner or operator who caused the injury or damages becomes known. The bringing of an action against an unknown owner or operator as John Doe shall toll the statute of limitations for purposes of bringing an action against the owner or operator who caused the injury or damages until his identity becomes known. In no event shall an action be brought against an owner or operator who caused the injury or damages, previously filed against as John Doe, more than three years from the commencement of the action against the unknown owner or operator as John Doe in a court of competent jurisdiction. Any recovery against the owner or operator, or the insurer of the owner or operator shall be paid to the insurer of the injured party to the extent that the insurer paid the named insured in the action brought against the owner or operator as John Doe. However, the insurer shall pay its proportionate part of all reasonable costs and expenses incurred in connection with the action, including reasonable attorney fees. Nothing in an endorsement or provisions made under this subsection nor any other provision of law shall prevent the joining in an action against John Doe of the owner or operator of the motor vehicle causing the injury as a party defendant, and the joinder is hereby specifically authorized. No action, verdict or release arising out of a suit brought under this subsection shall give rise to any defenses in any other action brought in the subrogated party’s name, including res judicata and collateral estoppel.H\n\nNo endorsement or provisions providing the coverage required by subsection A shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal proceedings.I\n\nExcept as provided in § 65.2-309.1, the provisions of subsections A and B of § 38.2-2204 and the provisions of subsection A shall not apply to any policy of insurance to the extent that it covers the liability of an employer under any workers’ compensation law, or to the extent that it covers liability to which the Federal Tort Claims Act applies. No provision or application of this section shall limit the liability of an insurer of motor vehicles to an employee or other insured under this section who is injured by an uninsured motor vehicle; provided that in the event an employee of a self-insured employer receives a workers’ compensation award for injuries resulting from an accident with an uninsured motor vehicle, such award shall be set off against any judgment for damages awarded pursuant to this section for personal injuries resulting from such accident.J\n\nPolicies of insurance whose primary purpose is to provide coverage in excess of other valid and collectible insurance or qualified self-insurance may include uninsured motorist coverage as provided in subsection A. Insurers issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy and not related to a specifically insured motor vehicle, shall not be required to offer, provide or make available to those policies uninsured or underinsured motor vehicle coverage as defined in subsection A.K\n\nAn injured person, or in the case of death or disability his personal representative, may settle a claim with (i) a liability insurer, including any insurer providing liability coverage through an excess or umbrella insurance policy or contract and (ii) the liability insurer’s insured for the available limits of the liability insurer’s coverage. Upon settlement with the liability insurer, the injured party or personal representative shall proceed to execute a full release in favor of the underinsured motorist’s liability insurer and its insured and finalize the proposed settlement without prejudice to any underinsured motorist benefits or claim. Any such release that states that it is being executed pursuant to or consistent with this subsection shall not operate to release any parties other than the liability insurer and underinsured motorist, regardless of the identities of the released parties set forth in the release, and any terms contained in the release that are inconsistent with, or in violation of, this section are null and void. Upon payment of the liability insurer’s available limits to the injured person or personal representative or his attorney, the liability insurer shall thereafter have no further duties to its insured, including the duty to defend its insured if an action has been or is brought against the liability insurer’s insured, and the insurer providing applicable underinsured motorist coverage shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the injured person or his personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer pursuant to § 8.01-66.1:1. Nothing in this section or § 8.01-66.1:1 shall create any duty on the part of any underinsured motorist benefits insurer to defend any underinsured motorist. No attorney-client relationship is created between the underinsured motorist and counsel for the underinsured motorist benefits insurer without the express intent and agreement of the underinsured motorist, the underinsured motorist benefits insurer, and counsel for the underinsured motorist benefits insurer. This section provides an alternative means by which the parties may resolve claims and does not eliminate or restrict any other available means.L\n\nAny settlement between the injured person or his personal representative, any insurer providing liability coverage applicable to the claim, and the underinsured motorist described in subsection K shall be in writing, signed by both the injured person or his personal representative and the underinsured motorist, and shall include the following notice to the underinsured motorist, which must be initialed by the underinsured motorist:\n\t\t\t“NOTICE TO RELEASED PARTY: Your insurance company has agreed to pay the available limits of its insurance to settle certain claims on your behalf. This settlement secures a full release of you for all claims the claimant\/plaintiff has against you arising out of the subject accident, as well as ensures that no judgment can ever be entered against you by the claimant\/plaintiff. In order to protect yourself from subrogation by any underinsured motorist insurer, you are agreeing to cooperate with the underinsured motorist benefits insurer(s). The underinsured motorist benefits insurer is not your insurer and has no duty to defend you.\n\t\t\tUnder this manner of settlement, the underinsured motorist benefits insurer(s) that is\/are involved in this case has\/have no right of subrogation against you unless you fail to reasonably cooperate in its\/their defense of the claim by not (i) attending your deposition and trial, if subpoenaed, (ii) assisting in responding to discovery, (iii) meeting with defense counsel at reasonable times after commencement of this suit and before your testimony at a deposition and\/or trial, and (iv) notifying the underinsured motorist benefits insurer or its defense counsel of any change in your address, provided that the underinsured motorist benefits insurer or its defense counsel has notified you of its existence and provided you with their contact information.\n\t\t\tUpon payment of the agreed settlement amount by your insurance company(ies), such company shall no longer owe you any duties, including the duty to hire and pay for an attorney for you. You are not required to consent to settlement in this manner. If you do not consent to settlement in this manner, your insurance company will still defend you in any lawsuit brought against you by the claimant\/plaintiff, but you will not have the protections of a full release from the claimant\/plaintiff, judgment could be entered against you and may exceed your available insurance coverage, and any underinsured motorist benefits insurer would have a right of subrogation against you to recover any moneys it pays to the claimant\/plaintiff.\n\t\t\tYou are encouraged to discuss your rights and obligations related to settlement in this manner with your insurance company and\/or an attorney. By signing this document, you agree to consent to this settlement and to reasonably cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the claimant\/plaintiff.\n\t\t\t______ (initial)”\n\t\t\tIn the alternative to having the underinsured motorist sign the release and initial the notice, the liability insurer may send the notice and release to the underinsured motorist by certified mail return receipt requested to his last known address, which will be deemed to have satisfied the requirements of this subsection.M\n\nAny action brought by the injured person or his personal representative to recover underinsured motorist benefits after payment of the liability insurer’s available limits pursuant to subsection K shall be brought against the released defendant, and a copy of the complaint shall be served on any insurer providing underinsured motorist benefits. If an action is pending at the time the liability insurer’s available limits are paid to the injured person or personal representative or his attorney, then the action shall remain pending against the named defendant or defendants who have been released. If such action results in a verdict in favor of the injured person or his personal representative against a released defendant, then judgment as to that defendant shall be entered in the name of “Released Defendant” and shall be enforceable against the underinsured motorist benefits insurer, not to exceed the underinsured motorist benefits limits, and against any unreleased defendant, as though it were entered in the actual name of the released defendant.N\n\nAny proposed settlement between a liability insurer and a person under a disability or a personal representative as permitted in subsection K that compromises in part a claim for personal injuries by the person under a disability or for death by wrongful act pursuant to § 8.01-50 may be, but is not required to be, approved pursuant to § 8.01-424 or 8.01-55, as applicable. If the personal representative elects not to have the settlement with the liability insurer approved pursuant to § 8.01-55, then any payment made to the personal representative by the liability insurer shall be made payable to the personal representative’s attorney, to be held in trust, or paid into the court pursuant to § 8.01-600 if the personal representative is not represented by an attorney, with no disbursements made therefrom until the compromise is approved by the court pursuant to § 8.01-55. Approval by the court of a settlement between the liability insurer and a person under a disability or the personal representative pursuant to this subsection shall not prejudice the person’s or personal representative’s claim for underinsured motorist benefits.","order_by":null,"text":{"0":{"id":276235,"text":"Except as provided in subsection J, no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits not less than the requirements of § 46.2-472. Those limits shall equal but not exceed the limits of the liability insurance provided by the policy, unless any one named insured rejects the additional uninsured motorist insurance coverage by notifying the insurer as provided in subsection B of § 38.2-2202. This rejection of the additional uninsured motorist insurance coverage by any one named insured shall be binding upon all insureds under such policy. The endorsement or provisions shall also provide underinsured motorist insurance coverage with limits that shall be equal to the uninsured motorist insurance coverage limits and shall obligate the insurer to make payment for bodily injury or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured.\n\t\t\tThe endorsement shall provide that underinsured motorist coverage shall be paid without any credit for the bodily injury and property damage coverage available for payment, unless any one named insured signs an election to reduce any underinsured motorist coverage payments by the bodily injury liability or property damage liability coverage available for payment by notifying the insurer as provided in subsection C of § 38.2-2202. This election by any one named insured shall be binding upon all insureds under such policy.\n\t\t\tThe endorsement or provisions shall also provide for at least $20,000 coverage for damage or destruction of the property of the insured in any one accident but may provide an exclusion of the first $200 of the loss or damage where the loss or damage is a result of any one accident involving an unidentifiable owner or operator of an uninsured motor vehicle.\n\t\t\tFor the purposes of this section, “legally entitled to recover” has the same meaning as provided in § 8.01-66.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276236,"text":"1. As used in this section:\n\t\t\t“Bodily injury” includes death resulting from bodily injury.\n\t\t\t“Insured” as used in subsections A, D, G, and H, means the named insured and, while resident of the same household, the spouse of the named insured, and relatives, wards or foster children of either, while in a motor vehicle or otherwise, and any person who uses the motor vehicle to which the policy applies, with the expressed or implied consent of the named insured, and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above.\n\t\t\t“Uninsured motor vehicle” means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by \u00a7 46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with the insurer, (iii) there is no bond or deposit of money or securities in lieu of such insurance, (iv) the owner of the motor vehicle has not qualified as a self-insurer under the provisions of \u00a7 46.2-368, or (v) the owner or operator of the motor vehicle is immune from liability for negligence under the laws of the Commonwealth or the United States, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown.\n\t\t\tA motor vehicle is “underinsured” when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Article 15 (\u00a7 46.2-435 et seq.) of Chapter 3 of Title 46.2, is less than the total amount of damages sustained up to the total amount of underinsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.\n\t\t\t“Available for payment” means the amount of liability insurance coverage applicable to the claim of the injured person for bodily injury or property damage reduced by the payment of any other claims arising out of the same occurrence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":276237,"text":"If an injured person is entitled to uninsured or underinsured motorist coverage under more than one policy, the insurers shall be obligated to the injured person in the following order of priority of payment:\n\t\t\t\ta. The policy covering a motor vehicle occupied by the injured person at the time of the accident;\n\t\t\t\tb. The policy covering a motor vehicle not involved in the accident under which the injured person is a named insured;\n\t\t\t\tc. The policy covering a motor vehicle not involved in the accident under which the injured person is an insured other than a named insured.\n\t\t\t\tWhere there is more than one insurer providing coverage under one of the payment priorities set forth, their liability shall be proportioned as to their respective available uninsured or underinsured motorist coverages.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":276238,"text":"If an injured person is entitled to underinsured motorist coverage under one or more policies wherein a named insured has elected to reduce the underinsured motorist limits by the available bodily injury liability insurance or property damage liability insurance coverage available for payment, any amount available for payment shall be credited against such policies in payment priority pursuant to subdivision 2 a only, and where there is more than one such policy entitled to such credit, the credit shall be apportioned pro-rata pursuant to the policies’ respective available underinsured motorist coverages.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"4":{"id":276239,"text":"Recovery under the endorsement or provisions shall be subject to the conditions set forth in this section.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"5":{"id":276240,"text":"There shall be a rebuttable presumption that a motor vehicle is uninsured if the Commissioner of the Department of Motor Vehicles certifies that, from the records of the Department of Motor Vehicles, it appears that (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by § 46.2-472 covering the owner or operator of the motor vehicle; (ii) no bond has been given or cash or securities delivered in lieu of the insurance; or (iii) the owner or operator of the motor vehicle has not qualified as a self-insurer in accordance with the provisions of § 46.2-368.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"6":{"id":276241,"text":"If the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, and if the damage or injury results from an accident where there has been no contact between that motor vehicle and the motor vehicle occupied by the insured, or where there has been no contact with the person of the insured if the insured was not occupying a motor vehicle, then for the insured to recover under the endorsement required by subsection A, the accident shall be reported promptly to either (i) the insurer or (ii) a law-enforcement officer having jurisdiction in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report shall be made as soon as reasonably practicable under the circumstances.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":276242,"text":"If the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as “John Doe” and service of process may be made by delivering a copy of the motion for judgment or other pleadings to the clerk of the court in which the action is brought. Service upon the insurer issuing the policy shall be made as prescribed by law as though the insurer were a party defendant. The provisions of § 8.01-288 shall not be applicable to the service of process required in this subsection. The insurer shall have the right to file pleadings and take other action allowable by law in the name of John Doe.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":276243,"text":"If any action is instituted against the owner or operator of an uninsured or underinsured motor vehicle by any insured intending to rely on the uninsured or underinsured coverage provision or endorsement of this policy under which the insured is making a claim, then the insured shall serve a copy of the process upon this insurer in the manner prescribed by law, as though the insurer were a party defendant. The provisions of § 8.01-288 shall not be applicable to the service of process required in this subsection. The insurer shall then have the right to file pleadings and take other action allowable by law in the name of the owner or operator of the uninsured or underinsured motor vehicle or in its own name. Notwithstanding the provisions of subsection A, the immunity from liability for negligence of the owner or operator of a motor vehicle shall not be a bar to the insured obtaining a judgment enforceable against the insurer for the negligence of the immune owner or operator, and shall not be a defense available to the insurer to the action brought by the insured, which shall proceed against the named defendant although any judgment obtained against an immune defendant shall be entered in the name of “Immune Defendant” and shall be enforceable against the insurer and any other nonimmune defendant as though it were entered in the actual name of the named immune defendant. Nothing in this subsection shall prevent the owner or operator of the uninsured motor vehicle from employing counsel of his own choice and taking any action in his own interest in connection with the proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":276244,"text":"Any insurer paying a claim under the endorsement or provisions required by subsection A shall be subrogated to the rights of the insured to whom the claim was paid against the person causing the injury, death, or damage and that person’s insurer, although it may deny coverage for any reason, to the extent that payment was made. The bringing of an action against the unknown owner or operator as John Doe or the conclusion of such an action shall not bar the insured from bringing an action against the owner or operator proceeded against as John Doe, or against the owner’s or operator’s insurer denying coverage for any reason, if the identity of the owner or operator who caused the injury or damages becomes known. The bringing of an action against an unknown owner or operator as John Doe shall toll the statute of limitations for purposes of bringing an action against the owner or operator who caused the injury or damages until his identity becomes known. In no event shall an action be brought against an owner or operator who caused the injury or damages, previously filed against as John Doe, more than three years from the commencement of the action against the unknown owner or operator as John Doe in a court of competent jurisdiction. Any recovery against the owner or operator, or the insurer of the owner or operator shall be paid to the insurer of the injured party to the extent that the insurer paid the named insured in the action brought against the owner or operator as John Doe. However, the insurer shall pay its proportionate part of all reasonable costs and expenses incurred in connection with the action, including reasonable attorney fees. Nothing in an endorsement or provisions made under this subsection nor any other provision of law shall prevent the joining in an action against John Doe of the owner or operator of the motor vehicle causing the injury as a party defendant, and the joinder is hereby specifically authorized. No action, verdict or release arising out of a suit brought under this subsection shall give rise to any defenses in any other action brought in the subrogated party’s name, including res judicata and collateral estoppel.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":276245,"text":"No endorsement or provisions providing the coverage required by subsection A shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal proceedings.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":276246,"text":"Except as provided in § 65.2-309.1, the provisions of subsections A and B of § 38.2-2204 and the provisions of subsection A shall not apply to any policy of insurance to the extent that it covers the liability of an employer under any workers’ compensation law, or to the extent that it covers liability to which the Federal Tort Claims Act applies. No provision or application of this section shall limit the liability of an insurer of motor vehicles to an employee or other insured under this section who is injured by an uninsured motor vehicle; provided that in the event an employee of a self-insured employer receives a workers’ compensation award for injuries resulting from an accident with an uninsured motor vehicle, such award shall be set off against any judgment for damages awarded pursuant to this section for personal injuries resulting from such accident.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":276247,"text":"Policies of insurance whose primary purpose is to provide coverage in excess of other valid and collectible insurance or qualified self-insurance may include uninsured motorist coverage as provided in subsection A. Insurers issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy and not related to a specifically insured motor vehicle, shall not be required to offer, provide or make available to those policies uninsured or underinsured motor vehicle coverage as defined in subsection A.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"13":{"id":276248,"text":"An injured person, or in the case of death or disability his personal representative, may settle a claim with (i) a liability insurer, including any insurer providing liability coverage through an excess or umbrella insurance policy or contract and (ii) the liability insurer’s insured for the available limits of the liability insurer’s coverage. Upon settlement with the liability insurer, the injured party or personal representative shall proceed to execute a full release in favor of the underinsured motorist’s liability insurer and its insured and finalize the proposed settlement without prejudice to any underinsured motorist benefits or claim. Any such release that states that it is being executed pursuant to or consistent with this subsection shall not operate to release any parties other than the liability insurer and underinsured motorist, regardless of the identities of the released parties set forth in the release, and any terms contained in the release that are inconsistent with, or in violation of, this section are null and void. Upon payment of the liability insurer’s available limits to the injured person or personal representative or his attorney, the liability insurer shall thereafter have no further duties to its insured, including the duty to defend its insured if an action has been or is brought against the liability insurer’s insured, and the insurer providing applicable underinsured motorist coverage shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the injured person or his personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer pursuant to § 8.01-66.1:1. Nothing in this section or § 8.01-66.1:1 shall create any duty on the part of any underinsured motorist benefits insurer to defend any underinsured motorist. No attorney-client relationship is created between the underinsured motorist and counsel for the underinsured motorist benefits insurer without the express intent and agreement of the underinsured motorist, the underinsured motorist benefits insurer, and counsel for the underinsured motorist benefits insurer. This section provides an alternative means by which the parties may resolve claims and does not eliminate or restrict any other available means.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"14":{"id":276249,"text":"Any settlement between the injured person or his personal representative, any insurer providing liability coverage applicable to the claim, and the underinsured motorist described in subsection K shall be in writing, signed by both the injured person or his personal representative and the underinsured motorist, and shall include the following notice to the underinsured motorist, which must be initialed by the underinsured motorist:\n\t\t\t“NOTICE TO RELEASED PARTY: Your insurance company has agreed to pay the available limits of its insurance to settle certain claims on your behalf. This settlement secures a full release of you for all claims the claimant\/plaintiff has against you arising out of the subject accident, as well as ensures that no judgment can ever be entered against you by the claimant\/plaintiff. In order to protect yourself from subrogation by any underinsured motorist insurer, you are agreeing to cooperate with the underinsured motorist benefits insurer(s). The underinsured motorist benefits insurer is not your insurer and has no duty to defend you.\n\t\t\tUnder this manner of settlement, the underinsured motorist benefits insurer(s) that is\/are involved in this case has\/have no right of subrogation against you unless you fail to reasonably cooperate in its\/their defense of the claim by not (i) attending your deposition and trial, if subpoenaed, (ii) assisting in responding to discovery, (iii) meeting with defense counsel at reasonable times after commencement of this suit and before your testimony at a deposition and\/or trial, and (iv) notifying the underinsured motorist benefits insurer or its defense counsel of any change in your address, provided that the underinsured motorist benefits insurer or its defense counsel has notified you of its existence and provided you with their contact information.\n\t\t\tUpon payment of the agreed settlement amount by your insurance company(ies), such company shall no longer owe you any duties, including the duty to hire and pay for an attorney for you. You are not required to consent to settlement in this manner. If you do not consent to settlement in this manner, your insurance company will still defend you in any lawsuit brought against you by the claimant\/plaintiff, but you will not have the protections of a full release from the claimant\/plaintiff, judgment could be entered against you and may exceed your available insurance coverage, and any underinsured motorist benefits insurer would have a right of subrogation against you to recover any moneys it pays to the claimant\/plaintiff.\n\t\t\tYou are encouraged to discuss your rights and obligations related to settlement in this manner with your insurance company and\/or an attorney. By signing this document, you agree to consent to this settlement and to reasonably cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the claimant\/plaintiff.\n\t\t\t______ (initial)”\n\t\t\tIn the alternative to having the underinsured motorist sign the release and initial the notice, the liability insurer may send the notice and release to the underinsured motorist by certified mail return receipt requested to his last known address, which will be deemed to have satisfied the requirements of this subsection.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"15":{"id":276250,"text":"Any action brought by the injured person or his personal representative to recover underinsured motorist benefits after payment of the liability insurer’s available limits pursuant to subsection K shall be brought against the released defendant, and a copy of the complaint shall be served on any insurer providing underinsured motorist benefits. If an action is pending at the time the liability insurer’s available limits are paid to the injured person or personal representative or his attorney, then the action shall remain pending against the named defendant or defendants who have been released. If such action results in a verdict in favor of the injured person or his personal representative against a released defendant, then judgment as to that defendant shall be entered in the name of “Released Defendant” and shall be enforceable against the underinsured motorist benefits insurer, not to exceed the underinsured motorist benefits limits, and against any unreleased defendant, as though it were entered in the actual name of the released defendant.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"16":{"id":276251,"text":"Any proposed settlement between a liability insurer and a person under a disability or a personal representative as permitted in subsection K that compromises in part a claim for personal injuries by the person under a disability or for death by wrongful act pursuant to § 8.01-50 may be, but is not required to be, approved pursuant to § 8.01-424 or 8.01-55, as applicable. If the personal representative elects not to have the settlement with the liability insurer approved pursuant to § 8.01-55, then any payment made to the personal representative by the liability insurer shall be made payable to the personal representative’s attorney, to be held in trust, or paid into the court pursuant to § 8.01-600 if the personal representative is not represented by an attorney, with no disbursements made therefrom until the compromise is approved by the court pursuant to § 8.01-55. Approval by the court of a settlement between the liability insurer and a person under a disability or the personal representative pursuant to this subsection shall not prejudice the person’s or personal representative’s claim for underinsured motorist benefits.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":13816,"edition_id":1,"name":"Liability Insurance Policies","identifier":"22","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:57","date_modified":"2026-06-26 03:45:57","permalink":{"id":213545,"object_type":"structure","relational_id":13816,"identifier":"22","token":"38.2\/22","url":"\/38.2\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76505,"structure_id":13816,"section_number":"38.2-2200","catch_line":"Required provisions as to insolvency or bankruptcy, and as to when action maintained against insurer","url":"\/38.2-2200\/","token":"38.2\/22\/38.2-2200","metadata":false},{"id":82480,"structure_id":13816,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","url":"\/38.2-2201\/","token":"38.2\/22\/38.2-2201","metadata":false},{"id":75263,"structure_id":13816,"section_number":"38.2-2202","catch_line":"Required notice of optional coverage available","url":"\/38.2-2202\/","token":"38.2\/22\/38.2-2202","metadata":false},{"id":85859,"structure_id":13816,"section_number":"38.2-2203","catch_line":"Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians","url":"\/38.2-2203\/","token":"38.2\/22\/38.2-2203","metadata":false},{"id":70028,"structure_id":13816,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","url":"\/38.2-2204\/","token":"38.2\/22\/38.2-2204","metadata":false},{"id":56297,"structure_id":13816,"section_number":"38.2-2205","catch_line":"Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance","url":"\/38.2-2205\/","token":"38.2\/22\/38.2-2205","metadata":false},{"id":80304,"structure_id":13816,"section_number":"38.2-2205.1","catch_line":"Suspension of liability coverage at insured's request","url":"\/38.2-2205.1\/","token":"38.2\/22\/38.2-2205.1","metadata":false},{"id":76965,"structure_id":13816,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","url":"\/38.2-2206\/","token":"38.2\/22\/38.2-2206","metadata":false},{"id":62972,"structure_id":13816,"section_number":"38.2-2207","catch_line":"No policy to exclude coverage to employee","url":"\/38.2-2207\/","token":"38.2\/22\/38.2-2207","metadata":false},{"id":80121,"structure_id":13816,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","url":"\/38.2-2208\/","token":"38.2\/22\/38.2-2208","metadata":false},{"id":76452,"structure_id":13816,"section_number":"38.2-2209","catch_line":"Motor vehicle liability medical benefit insurer not to retain right of subrogation to recover from third party","url":"\/38.2-2209\/","token":"38.2\/22\/38.2-2209","metadata":false},{"id":75993,"structure_id":13816,"section_number":"38.2-2210","catch_line":"Warning concerning cancellation to appear on application for motor vehicle liability insurance; reason for cancellation or nonrenewal required on application","url":"\/38.2-2210\/","token":"38.2\/22\/38.2-2210","metadata":false},{"id":61927,"structure_id":13816,"section_number":"38.2-2211","catch_line":"Motor vehicle liability insurer not to receive credit for other medical expense insurance","url":"\/38.2-2211\/","token":"38.2\/22\/38.2-2211","metadata":false},{"id":80817,"structure_id":13816,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","url":"\/38.2-2212\/","token":"38.2\/22\/38.2-2212","metadata":false},{"id":71236,"structure_id":13816,"section_number":"38.2-2212.1","catch_line":"Powers of Commission; replacement policies","url":"\/38.2-2212.1\/","token":"38.2\/22\/38.2-2212.1","metadata":false},{"id":57322,"structure_id":13816,"section_number":"38.2-2213","catch_line":"Discrimination in issuance of motor vehicle insurance","url":"\/38.2-2213\/","token":"38.2\/22\/38.2-2213","metadata":false},{"id":55969,"structure_id":13816,"section_number":"38.2-2213.1","catch_line":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","url":"\/38.2-2213.1\/","token":"38.2\/22\/38.2-2213.1","metadata":false},{"id":72056,"structure_id":13816,"section_number":"38.2-2214","catch_line":"Statement defining rate classifications to be provided by insurer to insured","url":"\/38.2-2214\/","token":"38.2\/22\/38.2-2214","metadata":false},{"id":56175,"structure_id":13816,"section_number":"38.2-2215","catch_line":"Failure to issue or failure to renew motor vehicle liability insurance on the basis of a motor vehicle's age prohibited","url":"\/38.2-2215\/","token":"38.2\/22\/38.2-2215","metadata":false},{"id":77698,"structure_id":13816,"section_number":"38.2-2216","catch_line":"Medical benefit offset against liability or uninsured motorist coverage prohibited","url":"\/38.2-2216\/","token":"38.2\/22\/38.2-2216","metadata":false},{"id":66919,"structure_id":13816,"section_number":"38.2-2217","catch_line":"Reduction in rates for certain persons who attend mature driver motor vehicle crash prevention courses and driver improvement clinics","url":"\/38.2-2217\/","token":"38.2\/22\/38.2-2217","metadata":false},{"id":62782,"structure_id":13816,"section_number":"38.2-2217.1","catch_line":"Insurers required to renew motor vehicle liability coverage for vanpools; exceptions","url":"\/38.2-2217.1\/","token":"38.2\/22\/38.2-2217.1","metadata":false},{"id":75945,"structure_id":13816,"section_number":"38.2-2218","catch_line":"Adoption of standard forms for motor vehicle insurance","url":"\/38.2-2218\/","token":"38.2\/22\/38.2-2218","metadata":false},{"id":65638,"structure_id":13816,"section_number":"38.2-2219","catch_line":"Hearing on objections to the form","url":"\/38.2-2219\/","token":"38.2\/22\/38.2-2219","metadata":false},{"id":68775,"structure_id":13816,"section_number":"38.2-2220","catch_line":"Use of form after adoption","url":"\/38.2-2220\/","token":"38.2\/22\/38.2-2220","metadata":false},{"id":77162,"structure_id":13816,"section_number":"38.2-2221","catch_line":"Amendment of standard form","url":"\/38.2-2221\/","token":"38.2\/22\/38.2-2221","metadata":false},{"id":68996,"structure_id":13816,"section_number":"38.2-2222","catch_line":"Withdrawal of form","url":"\/38.2-2222\/","token":"38.2\/22\/38.2-2222","metadata":false},{"id":73915,"structure_id":13816,"section_number":"38.2-2223","catch_line":"Variations of, or additions to, form","url":"\/38.2-2223\/","token":"38.2\/22\/38.2-2223","metadata":false},{"id":67966,"structure_id":13816,"section_number":"38.2-2224","catch_line":"Commission to establish guidelines for filing readable motor vehicle insurance policy forms","url":"\/38.2-2224\/","token":"38.2\/22\/38.2-2224","metadata":false},{"id":70751,"structure_id":13816,"section_number":"38.2-2225","catch_line":"Sending copies of orders to companies affected","url":"\/38.2-2225\/","token":"38.2\/22\/38.2-2225","metadata":false},{"id":79233,"structure_id":13816,"section_number":"38.2-2226","catch_line":"Insurer to give notice to claimant of intention to rely on certain defenses and of execution of nonwaiver of rights agreement","url":"\/38.2-2226\/","token":"38.2\/22\/38.2-2226","metadata":false},{"id":64295,"structure_id":13816,"section_number":"38.2-2226.1","catch_line":"Insurer to give notice of settlement of claim","url":"\/38.2-2226.1\/","token":"38.2\/22\/38.2-2226.1","metadata":false},{"id":75189,"structure_id":13816,"section_number":"38.2-2227","catch_line":"Aircraft liability policy not to deny coverage for violation of federal or civil regulations, etc.; permitted exclusions or conditions","url":"\/38.2-2227\/","token":"38.2\/22\/38.2-2227","metadata":false},{"id":54902,"structure_id":13816,"section_number":"38.2-2228","catch_line":"Repealed","url":"\/38.2-2228\/","token":"38.2\/22\/38.2-2228","metadata":false},{"id":54970,"structure_id":13816,"section_number":"38.2-2228.2","catch_line":"Certain medical malpractice claims to be reported to the Commission","url":"\/38.2-2228.2\/","token":"38.2\/22\/38.2-2228.2","metadata":false},{"id":76107,"structure_id":13816,"section_number":"38.2-2229","catch_line":"Claims-made liability insurance","url":"\/38.2-2229\/","token":"38.2\/22\/38.2-2229","metadata":false},{"id":71578,"structure_id":13816,"section_number":"38.2-2230","catch_line":"Mandatory offer of rental reimbursement coverage","url":"\/38.2-2230\/","token":"38.2\/22\/38.2-2230","metadata":false},{"id":81873,"structure_id":13816,"section_number":"38.2-2231","catch_line":"Physical damage arbitration between insurers; alternate forums","url":"\/38.2-2231\/","token":"38.2\/22\/38.2-2231","metadata":false},{"id":54821,"structure_id":13816,"section_number":"38.2-2232","catch_line":"Liability insurance on private pleasure watercraft; optional coverage","url":"\/38.2-2232\/","token":"38.2\/22\/38.2-2232","metadata":false},{"id":69145,"structure_id":13816,"section_number":"38.2-2233","catch_line":"Installment payments of motor vehicle insurance","url":"\/38.2-2233\/","token":"38.2\/22\/38.2-2233","metadata":false},{"id":83935,"structure_id":13816,"section_number":"38.2-2234","catch_line":"Insurance credit score disclosure; use of credit information","url":"\/38.2-2234\/","token":"38.2\/22\/38.2-2234","metadata":false}],"previous_section":{"id":80304,"structure_id":13816,"section_number":"38.2-2205.1","catch_line":"Suspension of liability coverage at insured's request","url":"\/38.2-2205.1\/","token":"38.2\/22\/38.2-2205.1","metadata":false},"next_section":{"id":62972,"structure_id":13816,"section_number":"38.2-2207","catch_line":"No policy to exclude coverage to employee","url":"\/38.2-2207\/","token":"38.2\/22\/38.2-2207","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2206\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 33 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 317; in 1958, chapter 282; in 1960, chapter 462; in 1962, chapter 457; in 1964, chapter 477; in 1966, chapters 182 and 459; in 1968, chapters 199 and 721; in 1970, chapter 494; in 1973, chapters 225 and 390; in 1974, chapter 87; in 1976, chapters 121 and 122; in 1977, chapter 78; in 1979, chapter 113; in 1980, chapters 326 and 331; in 1982, chapters 638 and 642; in 1984, chapter 541; in 1985, chapters 39 and 325; in 1986, chapter 562; in 1987, chapter 519; in 1988, chapters 565, 578, 585, 586, and 594; in 1989, chapter 621; in 1993, chapter 381; in 1995, chapters 189<\/a>, 267<\/a>, and 476<\/a>; in 1997, chapters 170<\/a> and 191<\/a>; in 1999, chapter 992<\/a>; in 2001, chapter 218<\/a>; in 2003, chapter 283<\/a>; in 2010, chapter 492<\/a>; in 2011, chapter 107<\/a>; in 2015, chapters 584<\/a> and 585<\/a>; in 2019, chapter 779<\/a>; in 2022, chapter 308<\/a>; in 2024, chapter 781<\/a>.<\/p>","references":[{"id":77220,"section_number":"15.2-2704","catch_line":"Powers of group self-insurance pool; self-insurer for motor vehicle security; surety","order_by":null,"url":"\/15.2-2704\/"},{"id":67299,"section_number":"2.2-1839","catch_line":"Risk management plans administered by the Department of the Treasury's Risk Management Division for political subdivisions, constitutional officers, etc","order_by":null,"url":"\/2.2-1839\/"},{"id":70458,"section_number":"22.1-190","catch_line":"When insurance required and amount thereof","order_by":null,"url":"\/22.1-190\/"},{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":68129,"section_number":"38.2-1904","catch_line":"Rate standards","order_by":null,"url":"\/38.2-1904\/"},{"id":68536,"section_number":"38.2-3000","catch_line":"Supervision and control of Fund by Commission; payments from Fund","order_by":null,"url":"\/38.2-3000\/"},{"id":67060,"section_number":"38.2-3001","catch_line":"Distribution to insurers; records of loss experience as prerequisite to payment","order_by":null,"url":"\/38.2-3001\/"},{"id":79755,"section_number":"46.2-1409","catch_line":"Peer-to-peer insurance coverage","order_by":null,"url":"\/46.2-1409\/"},{"id":86094,"section_number":"46.2-2057","catch_line":"Taxicab insurance required","order_by":null,"url":"\/46.2-2057\/"},{"id":82019,"section_number":"46.2-2099.52","catch_line":"TNC insurance","order_by":null,"url":"\/46.2-2099.52\/"},{"id":80663,"section_number":"46.2-368","catch_line":"Certificate of self-insurance exempts from chapter","order_by":null,"url":"\/46.2-368\/"},{"id":66632,"section_number":"46.2-372","catch_line":"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses","order_by":null,"url":"\/46.2-372\/"},{"id":55160,"section_number":"65.2-307","catch_line":"Employee's rights under Act exclude all others; exception","order_by":null,"url":"\/65.2-307\/"},{"id":80132,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","order_by":null,"url":"\/65.2-309.1\/"},{"id":55086,"section_number":"8.01-66.1:1","catch_line":"(For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer","order_by":null,"url":"\/8.01-66.1_1\/"}],"refers_to":[{"id":75263,"section_number":"38.2-2202","catch_line":"Required notice of optional coverage available","order_by":null,"url":"\/38.2-2202\/"},{"id":70028,"section_number":"38.2-2204","catch_line":"Liability insurance on motor vehicles, aircraft, and watercraft; standard provisions; \"omnibus clause.\"","order_by":null,"url":"\/38.2-2204\/"},{"id":80663,"section_number":"46.2-368","catch_line":"Certificate of self-insurance exempts from chapter","order_by":null,"url":"\/46.2-368\/"},{"id":56178,"section_number":"46.2-435","catch_line":"Proof of financial responsibility to be furnished for each vehicle","order_by":null,"url":"\/46.2-435\/"},{"id":54272,"section_number":"46.2-472","catch_line":"Coverage of owner's policy","order_by":null,"url":"\/46.2-472\/"},{"id":80132,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","order_by":null,"url":"\/65.2-309.1\/"},{"id":80740,"section_number":"8.01-288","catch_line":"Process received in time good though neither served nor accepted","order_by":null,"url":"\/8.01-288\/"},{"id":78976,"section_number":"8.01-424","catch_line":"Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties","order_by":null,"url":"\/8.01-424\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"},{"id":58794,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"},{"id":85240,"section_number":"8.01-600","catch_line":"How money under control of court deposited; record kept; liability of clerk","order_by":null,"url":"\/8.01-600\/"},{"id":55086,"section_number":"8.01-66.1:1","catch_line":"(For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer","order_by":null,"url":"\/8.01-66.1_1\/"}],"permalink":{"id":213575,"object_type":"law","relational_id":76965,"identifier":"38.2-2206","token":"38.2\/22\/38.2-2206","url":"\/38.2-2206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2206\/","token":"38.2\/22\/38.2-2206","dublin_core":{"Title":"Uninsured motorist insurance coverage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection J, no policy or contract<\/span> of bodily injury<\/span> or property damage liability insurance<\/span> relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth to the owner of such vehicle or shall be issued or delivered by any insurer<\/span> licensed in this Commonwealth upon any motor vehicle principally garaged or used in this Commonwealth unless it contains an endorsement or provisions undertaking to pay the insured<\/span> all sums that he is legally entitled to recover<\/span> as damages<\/span> from the owner or operator of an uninsured motor vehicle<\/span>, within limits not less than the requirements of § 46.2-472<\/a>. Those limits shall equal but not exceed the limits of the liability insurance<\/span> provided by the policy, unless any one named insured<\/span> rejects the additional uninsured motorist insurance<\/span> coverage by notifying the insurer<\/span> as provided in subsection B of § 38.2-2202<\/a>. This rejection of the additional uninsured motorist insurance<\/span> coverage by any one named insured<\/span> shall be binding upon all insureds<\/span> under such policy. The endorsement or provisions shall also provide underinsured motorist insurance<\/span> coverage with limits that shall be equal to the uninsured motorist insurance<\/span> coverage limits and shall obligate the insurer<\/span> to make payment for bodily injury<\/span> or property damage caused by the operation or use of an underinsured motor vehicle to the extent the vehicle is underinsured.\n\t\t\tThe endorsement shall provide that underinsured motorist coverage shall be paid without any credit for the bodily injury<\/span> and property damage coverage available for payment<\/span>, unless any one named insured<\/span> signs an election to reduce any underinsured motorist coverage payments by the bodily injury<\/span> liability or property damage liability coverage available for payment<\/span> by notifying the insurer<\/span> as provided in subsection C of § 38.2-2202<\/a>. This election by any one named insured<\/span> shall be binding upon all insureds<\/span> under such policy.\n\t\t\tThe endorsement or provisions shall also provide for at least $20,000 coverage for damage or destruction of the property of the insured<\/span> in any one accident but may provide an exclusion of the first $200 of the loss or damage where the loss or damage is a result of any one accident involving an unidentifiable owner or operator of an uninsured motor vehicle<\/span>.\n\t\t\tFor the purposes of this section, “legally entitled to recover<\/span>” has the same meaning as provided in § 8.01-66.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. As used in this section:\n\t\t\t“Bodily injury<\/span>” includes death resulting from bodily injury<\/span>.\n\t\t\t“Insured<\/span>” as used in subsections A, D, G, and H, means the named insured<\/span> and, while resident of the same household, the spouse of the named insured<\/span>, and relatives, wards or foster children of either, while in a motor vehicle or otherwise, and any person<\/span> who uses the motor vehicle to which the policy applies, with the expressed or implied consent of the named insured<\/span>, and a guest in the motor vehicle to which the policy applies or the personal representative of any of the above.\n\t\t\t“Uninsured motor vehicle<\/span>” means a motor vehicle for which (i) there is no bodily injury<\/span> liability insurance<\/span> and property damage liability insurance<\/span> in the amounts specified by \u00a7 46.2-472<\/a>, (ii) there is such insurance<\/span> but the insurer<\/span> writing the insurance<\/span> denies coverage for any reason whatsoever, including failure or refusal of the insured<\/span> to cooperate with the insurer<\/span>, (iii) there is no bond<\/span> or deposit of money or securities in lieu of such insurance<\/span>, (iv) the owner of the motor vehicle has not qualified as a self-insurer<\/span> under the provisions of \u00a7 46.2-368<\/a>, or (v) the owner or operator of the motor vehicle is immune from liability for negligence<\/span> under the laws<\/span> of the Commonwealth or the United States<\/span>, in which case the provisions of subsection F shall apply and the action shall continue against the insurer<\/span>. A motor vehicle shall be deemed uninsured if its owner or operator is unknown.\n\t\t\tA motor vehicle is “underinsured” when, and to the extent that, the total amount of bodily injury<\/span> and property damage coverage applicable to the operation or use of the motor vehicle and available for payment<\/span> for such bodily injury<\/span> or property damage, including all bonds<\/span> or deposits of money or securities made pursuant to Article 15 (\u00a7 46.2-435<\/a> et seq.) of Chapter 3 of Title 46.2, is less than the total amount of damages<\/span> sustained up to the total amount of underinsured motorist coverage afforded any person<\/span> injured as a result of the operation or use of the vehicle.\n\t\t\t“Available for payment<\/span>” means the amount of liability insurance<\/span> coverage applicable to the claim of the injured person<\/span> for bodily injury<\/span> or property damage reduced by the payment of any other claims arising out of the same occurrence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If an injured person<\/span> is entitled to uninsured or underinsured motorist coverage under more than one policy, the insurers<\/span> shall be obligated to the injured person<\/span> in the following order<\/span> of priority of payment:\n\t\t\t\ta. The policy covering a motor vehicle occupied by the injured person<\/span> at the time of the accident;\n\t\t\t\tb. The policy covering a motor vehicle not involved in the accident under which the injured person<\/span> is a named insured<\/span>;\n\t\t\t\tc. The policy covering a motor vehicle not involved in the accident under which the injured person<\/span> is an insured<\/span> other than a named insured<\/span>.\n\t\t\t\tWhere there is more than one insurer<\/span> providing coverage under one of the payment priorities set forth, their liability shall be proportioned as to their respective available uninsured or underinsured motorist coverages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If an injured person<\/span> is entitled to underinsured motorist coverage under one or more policies wherein a named insured<\/span> has elected to reduce the underinsured motorist limits by the available bodily injury<\/span> liability insurance<\/span> or property damage liability insurance<\/span> coverage available for payment<\/span>, any amount available for payment<\/span> shall be credited against such policies in payment priority pursuant to subdivision 2 a only, and where there is more than one such policy entitled to such credit, the credit shall be apportioned pro-rata pursuant to the policies’ respective available underinsured motorist coverages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Recovery under the endorsement or provisions shall be subject to the conditions set forth in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> There shall be a rebuttable presumption<\/span> that a motor vehicle is uninsured if the Commissioner<\/span> of the Department of Motor Vehicles certifies that, from the records of the Department of Motor Vehicles, it appears that (i) there is no bodily injury<\/span> liability insurance<\/span> and property damage liability insurance<\/span> in the amounts specified by § 46.2-472<\/a> covering the owner or operator of the motor vehicle; (ii) no bond<\/span> has been given or cash or securities delivered in lieu of the insurance<\/span>; or (iii) the owner or operator of the motor vehicle has not qualified as a self-insurer<\/span> in accordance with the provisions of § 46.2-368<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the owner or operator of any motor vehicle that causes bodily injury<\/span> or property damage to the insured<\/span> is unknown, and if the damage or injury results from an accident where there has been no contact between that motor vehicle and the motor vehicle occupied by the insured<\/span>, or where there has been no contact with the person<\/span> of the insured<\/span> if the insured<\/span> was not occupying a motor vehicle, then for the insured<\/span> to recover under the endorsement required by subsection A, the accident shall be reported promptly to either (i) the insurer<\/span> or (ii) a law<\/span>-enforcement officer having jurisdiction<\/span> in the county or city in which the accident occurred. If it is not reasonably practicable to make the report promptly, the report shall be made as soon as reasonably practicable under the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the owner or operator of any vehicle causing injury or damages<\/span> is unknown, an action may be instituted against the unknown defendant<\/span> as “John Doe” and service of process<\/span> may be made by delivering a copy of the motion for judgment<\/span> or other pleadings<\/span> to the clerk of the court<\/span> in which the action is brought. Service upon the insurer<\/span> issuing the policy shall be made as prescribed by law<\/span> as though the insurer<\/span> were a party<\/span> defendant<\/span>. The provisions of § 8.01-288<\/a> shall not be applicable to the service of process<\/span> required in this subsection. The insurer<\/span> shall have the right to file pleadings<\/span> and take other action allowable by law<\/span> in the name of John Doe. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If any action is instituted against the owner or operator of an uninsured or underinsured motor vehicle by any insured<\/span> intending to rely on the uninsured or underinsured coverage provision or endorsement of this policy under which the insured<\/span> is making a claim, then the insured<\/span> shall serve a copy of the process upon this insurer<\/span> in the manner prescribed by law<\/span>, as though the insurer<\/span> were a party<\/span> defendant<\/span>. The provisions of § 8.01-288<\/a> shall not be applicable to the service of process<\/span> required in this subsection. The insurer<\/span> shall then have the right to file pleadings<\/span> and take other action allowable by law<\/span> in the name of the owner or operator of the uninsured or underinsured motor vehicle or in its own name. Notwithstanding the provisions of subsection A, the immunity from liability for negligence<\/span> of the owner or operator of a motor vehicle shall not be a bar to the insured<\/span> obtaining a judgment enforceable against the insurer<\/span> for the negligence<\/span> of the immune owner or operator, and shall not be a defense available to the insurer<\/span> to the action brought by the insured<\/span>, which shall proceed against the named defendant<\/span> although any judgment obtained against an immune defendant<\/span> shall be entered in the name of “Immune Defendant<\/span>” and shall be enforceable against the insurer<\/span> and any other nonimmune defendant<\/span> as though it were entered in the actual name of the named immune defendant<\/span>. Nothing in this subsection shall prevent the owner or operator of the uninsured motor vehicle<\/span> from employing counsel<\/span> of his own choice and taking any action in his own interest in connection with the proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any insurer<\/span> paying a claim under the endorsement or provisions required by subsection A shall be subrogated to the rights of the insured<\/span> to whom the claim was paid against the person<\/span> causing the injury, death, or damage and that person<\/span>’s insurer<\/span>, although it may deny coverage for any reason, to the extent that payment was made. The bringing of an action against the unknown owner or operator as John Doe or the conclusion of such an action shall not bar the insured<\/span> from bringing an action against the owner or operator proceeded against as John Doe, or against the owner’s or operator’s insurer<\/span> denying coverage for any reason, if the identity of the owner or operator who caused the injury or damages<\/span> becomes known. The bringing of an action against an unknown owner or operator as John Doe shall toll the statute of limitations<\/span> for purposes of bringing an action against the owner or operator who caused the injury or damages<\/span> until his identity becomes known. In no event shall an action be brought against an owner or operator who caused the injury or damages<\/span>, previously filed against as John Doe, more than three years from the commencement of the action against the unknown owner or operator as John Doe in a court<\/span> of competent jurisdiction<\/span>. Any recovery against the owner or operator, or the insurer<\/span> of the owner or operator shall be paid to the insurer<\/span> of the injured party<\/span> to the extent that the insurer<\/span> paid the named insured<\/span> in the action brought against the owner or operator as John Doe. However, the insurer<\/span> shall pay its proportionate part of all reasonable costs and expenses incurred in connection with the action, including reasonable attorney fees. Nothing in an endorsement or provisions made under this subsection nor any other provision of law<\/span> shall prevent the joining in an action against John Doe of the owner or operator of the motor vehicle causing the injury as a party<\/span> defendant<\/span>, and the joinder is hereby specifically authorized. No action, verdict<\/span> or release arising out of a suit brought under this subsection shall give rise to any defenses in any other action brought in the subrogated party<\/span>’s name, including res judicata and collateral<\/span> estoppel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No endorsement or provisions providing the coverage required by subsection A shall require arbitration of any claim arising under the endorsement or provisions, nor may anything be required of the insured<\/span> except the establishment of legal liability, nor shall the insured<\/span> be restricted or prevented in any manner from employing legal counsel<\/span> or instituting legal proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Except as provided in § 65.2-309.1<\/a>, the provisions of subsections A and B of § 38.2-2204<\/a> and the provisions of subsection A shall not apply to any policy of insurance<\/span> to the extent that it covers the liability of an employer under any workers’ compensation law<\/span>, or to the extent that it covers liability to which the Federal Tort<\/span> Claims Act applies. No provision or application of this section shall limit the liability of an insurer<\/span> of motor vehicles to an employee or other insured<\/span> under this section who is injured by an uninsured motor vehicle<\/span>; provided that in the event an employee of a self-insured<\/span> employer receives a workers’ compensation award for injuries resulting from an accident with an uninsured motor vehicle<\/span>, such award shall be set off against any judgment for damages<\/span> awarded pursuant to this section for personal injuries resulting from such accident. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Policies of insurance<\/span> whose primary purpose is to provide coverage in excess of other valid and collectible insurance<\/span> or qualified self-insurance<\/span> may include uninsured motorist coverage as provided in subsection A. Insurers<\/span> issuing or providing liability policies that are of an excess or umbrella type or which provide liability coverage incidental to a policy and not related to a specifically insured<\/span> motor vehicle, shall not be required to offer, provide or make available to those policies uninsured or underinsured motor vehicle coverage as defined in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> An injured person<\/span>, or in the case of death or disability his personal representative, may settle a claim with (i) a liability insurer<\/span>, including any insurer<\/span> providing liability coverage through an excess or umbrella insurance<\/span> policy or contract<\/span> and (ii) the liability insurer<\/span>’s insured<\/span> for the available limits of the liability insurer<\/span>’s coverage. Upon settlement<\/span> with the liability insurer<\/span>, the injured party<\/span> or personal representative shall proceed to execute a full release in favor of the underinsured motorist’s liability insurer<\/span> and its insured<\/span> and finalize the proposed settlement<\/span> without prejudice to any underinsured motorist benefits or claim. Any such release that states<\/span> that it is being executed pursuant to or consistent with this subsection shall not operate to release any parties other than the liability insurer<\/span> and underinsured motorist, regardless of the identities of the released parties set forth in the release, and any terms contained in the release that are inconsistent with, or in violation of, this section are null and void. Upon payment of the liability insurer<\/span>’s available limits to the injured person<\/span> or personal representative or his attorney, the liability insurer<\/span> shall thereafter have no further duties to its insured<\/span>, including the duty to defend its insured<\/span> if an action has been or is brought against the liability insurer<\/span>’s insured<\/span>, and the insurer<\/span> providing applicable underinsured motorist coverage shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer<\/span> in the defense of any lawsuit<\/span> brought by the injured person<\/span> or his personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer<\/span> pursuant to § 8.01-66.1:1<\/a>. Nothing in this section or § 8.01-66.1:1<\/a> shall create any duty on the part of any underinsured motorist benefits insurer<\/span> to defend any underinsured motorist. No attorney-client relationship is created between the underinsured motorist and counsel<\/span> for the underinsured motorist benefits insurer<\/span> without the express intent<\/span> and agreement of the underinsured motorist, the underinsured motorist benefits insurer<\/span>, and counsel<\/span> for the underinsured motorist benefits insurer<\/span>. This section provides an alternative means by which the parties may resolve claims and does not eliminate or restrict any other available means. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Any settlement<\/span> between the injured person<\/span> or his personal representative, any insurer<\/span> providing liability coverage applicable to the claim, and the underinsured motorist described in subsection K shall be in writing, signed by both the injured person<\/span> or his personal representative and the underinsured motorist, and shall include the following notice to the underinsured motorist, which must be initialed by the underinsured motorist:\n\t\t\t“NOTICE TO RELEASED PARTY<\/span>: Your insurance company<\/span> has agreed to pay the available limits of its insurance to settle certain claims on your behalf. This settlement<\/span> secures a full release of you for all claims the claimant\/plaintiff<\/span> has against you arising out of the subject accident, as well as ensures that no judgment can ever be entered against you by the claimant\/plaintiff<\/span>. In order<\/span> to protect yourself from subrogation by any underinsured motorist insurer<\/span>, you are agreeing to cooperate with the underinsured motorist benefits insurer<\/span>(s). The underinsured motorist benefits insurer<\/span> is not your insurer<\/span> and has no duty to defend you.\n\t\t\tUnder this manner of settlement<\/span>, the underinsured motorist benefits insurer<\/span>(s) that is\/are involved in this case has\/have no right of subrogation against you unless you fail to reasonably cooperate in its\/their defense of the claim by not (i) attending your deposition<\/span> and trial<\/span>, if subpoenaed, (ii) assisting in responding to discovery<\/span>, (iii) meeting with defense counsel<\/span> at reasonable times after commencement of this suit and before your testimony<\/span> at a deposition<\/span> and\/or trial<\/span>, and (iv) notifying the underinsured motorist benefits insurer<\/span> or its defense counsel<\/span> of any change in your address, provided that the underinsured motorist benefits insurer<\/span> or its defense counsel<\/span> has notified you of its existence and provided you with their contact information.\n\t\t\tUpon payment of the agreed settlement<\/span> amount by your insurance company<\/span>(ies), such company shall no longer owe you any duties, including the duty to hire and pay for an attorney for you. You are not required to consent to settlement<\/span> in this manner. If you do not consent to settlement<\/span> in this manner, your insurance company<\/span> will still defend you in any lawsuit<\/span> brought against you by the claimant\/plaintiff<\/span>, but you will not have the protections of a full release from the claimant\/plaintiff<\/span>, judgment could be entered against you and may exceed your available insurance coverage, and any underinsured motorist benefits insurer<\/span> would have a right of subrogation against you to recover any moneys it pays to the claimant\/plaintiff<\/span>.\n\t\t\tYou are encouraged to discuss your rights and obligations related to settlement<\/span> in this manner with your insurance company<\/span> and\/or an attorney. By signing this document, you agree to consent to this settlement<\/span> and to reasonably cooperate with the underinsured motorist benefits insurer<\/span> in the defense of any lawsuit<\/span> brought by the claimant\/plaintiff<\/span>.\n\t\t\t______ (initial)”\n\t\t\tIn the alternative to having the underinsured motorist sign the release and initial the notice, the liability insurer<\/span> may send the notice and release to the underinsured motorist by certified mail return receipt requested to his last known address, which will be deemed to have satisfied the requirements of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any action brought by the injured person<\/span> or his personal representative to recover underinsured motorist benefits after payment of the liability insurer<\/span>’s available limits pursuant to subsection K shall be brought against the released defendant<\/span>, and a copy of the complaint shall be served on any insurer<\/span> providing underinsured motorist benefits. If an action is pending at the time the liability insurer<\/span>’s available limits are paid to the injured person<\/span> or personal representative or his attorney, then the action shall remain pending against the named defendant<\/span> or defendants<\/span> who have been released. If such action results in a verdict<\/span> in favor of the injured person<\/span> or his personal representative against a released defendant<\/span>, then judgment as to that defendant<\/span> shall be entered in the name of “Released Defendant<\/span>” and shall be enforceable against the underinsured motorist benefits insurer<\/span>, not to exceed the underinsured motorist benefits limits, and against any unreleased defendant<\/span>, as though it were entered in the actual name of the released defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Any proposed settlement<\/span> between a liability insurer<\/span> and a person<\/span> under a disability or a personal representative as permitted in subsection K that compromises in part a claim for personal injuries by the person<\/span> under a disability or for death by wrongful act pursuant to § 8.01-50<\/a> may be, but is not required to be, approved pursuant to § 8.01-424<\/a> or 8.01-55<\/a>, as applicable. If the personal representative elects not to have the settlement<\/span> with the liability insurer<\/span> approved pursuant to § 8.01-55<\/a>, then any payment made to the personal representative by the liability insurer<\/span> shall be made payable to the personal representative’s attorney, to be held in trust, or paid into the court<\/span> pursuant to § 8.01-600<\/a> if the personal representative is not represented by an attorney, with no disbursements made therefrom until the compromise is approved by the court<\/span> pursuant to § 8.01-55<\/a>. Approval by the court<\/span> of a settlement<\/span> between the liability insurer<\/span> and a person<\/span> under a disability or the personal representative pursuant to this subsection shall not prejudice the person<\/span>’s or personal representative’s claim for underinsured motorist benefits. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNINSURED MOTORIST INSURANCE COVERAGE (\u00a7 38.2-2206)\n\nA. Except as provided in subsection J, no policy or contract of bodily injury or\nproperty damage liability insurance relating to the ownership, maintenance, or\nuse of a motor vehicle shall be issued or delivered in this Commonwealth to the\nowner of such vehicle or shall be issued or delivered by any insurer licensed in\nthis Commonwealth upon any motor vehicle principally garaged or used in this\nCommonwealth unless it contains an endorsement or provisions undertaking to pay\nthe insured all sums that he is legally entitled to recover as damages from the\nowner or operator of an uninsured motor vehicle, within limits not less than the\nrequirements of § 46.2-472. Those limits shall equal but not exceed the\nlimits of the liability insurance provided by the policy, unless any one named\ninsured rejects the additional uninsured motorist insurance coverage by\nnotifying the insurer as provided in subsection B of § 38.2-2202. This\nrejection of the additional uninsured motorist insurance coverage by any one\nnamed insured shall be binding upon all insureds under such policy. The\nendorsement or provisions shall also provide underinsured motorist insurance\ncoverage with limits that shall be equal to the uninsured motorist insurance\ncoverage limits and shall obligate the insurer to make payment for bodily injury\nor property damage caused by the operation or use of an underinsured motor\nvehicle to the extent the vehicle is underinsured.\n\t\t\tThe endorsement shall provide that underinsured motorist coverage shall be\npaid without any credit for the bodily injury and property damage coverage\navailable for payment, unless any one named insured signs an election to reduce\nany underinsured motorist coverage payments by the bodily injury liability or\nproperty damage liability coverage available for payment by notifying the\ninsurer as provided in subsection C of § 38.2-2202. This election by any\none named insured shall be binding upon all insureds under such policy.\n\t\t\tThe endorsement or provisions shall also provide for at least $20,000\ncoverage for damage or destruction of the property of the insured in any one\naccident but may provide an exclusion of the first $200 of the loss or damage\nwhere the loss or damage is a result of any one accident involving an\nunidentifiable owner or operator of an uninsured motor vehicle.\n\t\t\tFor the purposes of this section, “legally entitled to recover”\nhas the same meaning as provided in § 8.01-66.1.\n\nB. 1. As used in this section:\n\t\t\t“Bodily injury” includes death resulting from bodily injury.\n\t\t\t“Insured” as used in subsections A, D, G, and H, means the named\ninsured and, while resident of the same household, the spouse of the named\ninsured, and relatives, wards or foster children of either, while in a motor\nvehicle or otherwise, and any person who uses the motor vehicle to which the\npolicy applies, with the expressed or implied consent of the named insured, and\na guest in the motor vehicle to which the policy applies or the personal\nrepresentative of any of the above.\n\t\t\t“Uninsured motor vehicle” means a motor vehicle for which (i)\nthere is no bodily injury liability insurance and property damage liability\ninsurance in the amounts specified by \u00a7 46.2-472, (ii) there is such insurance\nbut the insurer writing the insurance denies coverage for any reason whatsoever,\nincluding failure or refusal of the insured to cooperate with the insurer, (iii)\nthere is no bond or deposit of money or securities in lieu of such insurance,\n(iv) the owner of the motor vehicle has not qualified as a self-insurer under\nthe provisions of \u00a7 46.2-368, or (v) the owner or operator of the motor vehicle\nis immune from liability for negligence under the laws of the Commonwealth or\nthe United States, in which case the provisions of subsection F shall apply and\nthe action shall continue against the insurer. A motor vehicle shall be deemed\nuninsured if its owner or operator is unknown.\n\t\t\tA motor vehicle is “underinsured” when, and to the extent that,\nthe total amount of bodily injury and property damage coverage applicable to the\noperation or use of the motor vehicle and available for payment for such bodily\ninjury or property damage, including all bonds or deposits of money or\nsecurities made pursuant to Article 15 (\u00a7 46.2-435 et seq.) of Chapter 3 of\nTitle 46.2, is less than the total amount of damages sustained up to the total\namount of underinsured motorist coverage afforded any person injured as a result\nof the operation or use of the vehicle.\n\t\t\t“Available for payment” means the amount of liability insurance\ncoverage applicable to the claim of the injured person for bodily injury or\nproperty damage reduced by the payment of any other claims arising out of the\nsame occurrence.\n\n 2. If an injured person is entitled to uninsured or underinsured motorist\n coverage under more than one policy, the insurers shall be obligated to the\n injured person in the following order of priority of payment:\n \t\t\t\ta. The policy covering a motor vehicle occupied by the injured person at\n the time of the accident;\n \t\t\t\tb. The policy covering a motor vehicle not involved in the accident under\n which the injured person is a named insured;\n \t\t\t\tc. The policy covering a motor vehicle not involved in the accident under\n which the injured person is an insured other than a named insured.\n \t\t\t\tWhere there is more than one insurer providing coverage under one of the\n payment priorities set forth, their liability shall be proportioned as to\n their respective available uninsured or underinsured motorist coverages.\n\n 3. If an injured person is entitled to underinsured motorist coverage under\n one or more policies wherein a named insured has elected to reduce the\n underinsured motorist limits by the available bodily injury liability\n insurance or property damage liability insurance coverage available for\n payment, any amount available for payment shall be credited against such\n policies in payment priority pursuant to subdivision 2 a only, and where there\n is more than one such policy entitled to such credit, the credit shall be\n apportioned pro-rata pursuant to the policies’ respective available\n underinsured motorist coverages.\n\n 4. Recovery under the endorsement or provisions shall be subject to the\n conditions set forth in this section.\n\nC. There shall be a rebuttable presumption that a motor vehicle is uninsured if\nthe Commissioner of the Department of Motor Vehicles certifies that, from the\nrecords of the Department of Motor Vehicles, it appears that (i) there is no\nbodily injury liability insurance and property damage liability insurance in the\namounts specified by § 46.2-472 covering the owner or operator of the motor\nvehicle; (ii) no bond has been given or cash or securities delivered in lieu of\nthe insurance; or (iii) the owner or operator of the motor vehicle has not\nqualified as a self-insurer in accordance with the provisions of §\n46.2-368.\n\nD. If the owner or operator of any motor vehicle that causes bodily injury or\nproperty damage to the insured is unknown, and if the damage or injury results\nfrom an accident where there has been no contact between that motor vehicle and\nthe motor vehicle occupied by the insured, or where there has been no contact\nwith the person of the insured if the insured was not occupying a motor vehicle,\nthen for the insured to recover under the endorsement required by subsection A,\nthe accident shall be reported promptly to either (i) the insurer or (ii) a\nlaw-enforcement officer having jurisdiction in the county or city in which the\naccident occurred. If it is not reasonably practicable to make the report\npromptly, the report shall be made as soon as reasonably practicable under the\ncircumstances.\n\nE. If the owner or operator of any vehicle causing injury or damages is unknown,\nan action may be instituted against the unknown defendant as “John\nDoe” and service of process may be made by delivering a copy of the motion\nfor judgment or other pleadings to the clerk of the court in which the action is\nbrought. Service upon the insurer issuing the policy shall be made as prescribed\nby law as though the insurer were a party defendant. The provisions of §\n8.01-288 shall not be applicable to the service of process required in this\nsubsection. The insurer shall have the right to file pleadings and take other\naction allowable by law in the name of John Doe.\n\nF. If any action is instituted against the owner or operator of an uninsured or\nunderinsured motor vehicle by any insured intending to rely on the uninsured or\nunderinsured coverage provision or endorsement of this policy under which the\ninsured is making a claim, then the insured shall serve a copy of the process\nupon this insurer in the manner prescribed by law, as though the insurer were a\nparty defendant. The provisions of § 8.01-288 shall not be applicable to\nthe service of process required in this subsection. The insurer shall then have\nthe right to file pleadings and take other action allowable by law in the name\nof the owner or operator of the uninsured or underinsured motor vehicle or in\nits own name. Notwithstanding the provisions of subsection A, the immunity from\nliability for negligence of the owner or operator of a motor vehicle shall not\nbe a bar to the insured obtaining a judgment enforceable against the insurer for\nthe negligence of the immune owner or operator, and shall not be a defense\navailable to the insurer to the action brought by the insured, which shall\nproceed against the named defendant although any judgment obtained against an\nimmune defendant shall be entered in the name of “Immune Defendant”\nand shall be enforceable against the insurer and any other nonimmune defendant\nas though it were entered in the actual name of the named immune defendant.\nNothing in this subsection shall prevent the owner or operator of the uninsured\nmotor vehicle from employing counsel of his own choice and taking any action in\nhis own interest in connection with the proceeding.\n\nG. Any insurer paying a claim under the endorsement or provisions required by\nsubsection A shall be subrogated to the rights of the insured to whom the claim\nwas paid against the person causing the injury, death, or damage and that\nperson’s insurer, although it may deny coverage for any reason, to the\nextent that payment was made. The bringing of an action against the unknown\nowner or operator as John Doe or the conclusion of such an action shall not bar\nthe insured from bringing an action against the owner or operator proceeded\nagainst as John Doe, or against the owner’s or operator’s insurer\ndenying coverage for any reason, if the identity of the owner or operator who\ncaused the injury or damages becomes known. The bringing of an action against an\nunknown owner or operator as John Doe shall toll the statute of limitations for\npurposes of bringing an action against the owner or operator who caused the\ninjury or damages until his identity becomes known. In no event shall an action\nbe brought against an owner or operator who caused the injury or damages,\npreviously filed against as John Doe, more than three years from the\ncommencement of the action against the unknown owner or operator as John Doe in\na court of competent jurisdiction. Any recovery against the owner or operator,\nor the insurer of the owner or operator shall be paid to the insurer of the\ninjured party to the extent that the insurer paid the named insured in the\naction brought against the owner or operator as John Doe. However, the insurer\nshall pay its proportionate part of all reasonable costs and expenses incurred\nin connection with the action, including reasonable attorney fees. Nothing in an\nendorsement or provisions made under this subsection nor any other provision of\nlaw shall prevent the joining in an action against John Doe of the owner or\noperator of the motor vehicle causing the injury as a party defendant, and the\njoinder is hereby specifically authorized. No action, verdict or release arising\nout of a suit brought under this subsection shall give rise to any defenses in\nany other action brought in the subrogated party’s name, including res\njudicata and collateral estoppel.\n\nH. No endorsement or provisions providing the coverage required by subsection A\nshall require arbitration of any claim arising under the endorsement or\nprovisions, nor may anything be required of the insured except the establishment\nof legal liability, nor shall the insured be restricted or prevented in any\nmanner from employing legal counsel or instituting legal proceedings.\n\nI. Except as provided in § 65.2-309.1, the provisions of subsections A and\nB of § 38.2-2204 and the provisions of subsection A shall not apply to any\npolicy of insurance to the extent that it covers the liability of an employer\nunder any workers’ compensation law, or to the extent that it covers\nliability to which the Federal Tort Claims Act applies. No provision or\napplication of this section shall limit the liability of an insurer of motor\nvehicles to an employee or other insured under this section who is injured by an\nuninsured motor vehicle; provided that in the event an employee of a\nself-insured employer receives a workers’ compensation award for injuries\nresulting from an accident with an uninsured motor vehicle, such award shall be\nset off against any judgment for damages awarded pursuant to this section for\npersonal injuries resulting from such accident.\n\nJ. Policies of insurance whose primary purpose is to provide coverage in excess\nof other valid and collectible insurance or qualified self-insurance may include\nuninsured motorist coverage as provided in subsection A. Insurers issuing or\nproviding liability policies that are of an excess or umbrella type or which\nprovide liability coverage incidental to a policy and not related to a\nspecifically insured motor vehicle, shall not be required to offer, provide or\nmake available to those policies uninsured or underinsured motor vehicle\ncoverage as defined in subsection A.\n\nK. An injured person, or in the case of death or disability his personal\nrepresentative, may settle a claim with (i) a liability insurer, including any\ninsurer providing liability coverage through an excess or umbrella insurance\npolicy or contract and (ii) the liability insurer’s insured for the\navailable limits of the liability insurer’s coverage. Upon settlement with\nthe liability insurer, the injured party or personal representative shall\nproceed to execute a full release in favor of the underinsured motorist’s\nliability insurer and its insured and finalize the proposed settlement without\nprejudice to any underinsured motorist benefits or claim. Any such release that\nstates that it is being executed pursuant to or consistent with this subsection\nshall not operate to release any parties other than the liability insurer and\nunderinsured motorist, regardless of the identities of the released parties set\nforth in the release, and any terms contained in the release that are\ninconsistent with, or in violation of, this section are null and void. Upon\npayment of the liability insurer’s available limits to the injured person\nor personal representative or his attorney, the liability insurer shall\nthereafter have no further duties to its insured, including the duty to defend\nits insured if an action has been or is brought against the liability\ninsurer’s insured, and the insurer providing applicable underinsured\nmotorist coverage shall have no right of subrogation or claim against the\nunderinsured motorist. However, if the underinsured motorist unreasonably fails\nto cooperate with the underinsured motorist benefits insurer in the defense of\nany lawsuit brought by the injured person or his personal representative, he may\nagain be subjected to a claim for subrogation by the underinsured motorist\nbenefits insurer pursuant to § 8.01-66.1:1. Nothing in this section or\n§ 8.01-66.1:1 shall create any duty on the part of any underinsured\nmotorist benefits insurer to defend any underinsured motorist. No\nattorney-client relationship is created between the underinsured motorist and\ncounsel for the underinsured motorist benefits insurer without the express\nintent and agreement of the underinsured motorist, the underinsured motorist\nbenefits insurer, and counsel for the underinsured motorist benefits insurer.\nThis section provides an alternative means by which the parties may resolve\nclaims and does not eliminate or restrict any other available means.\n\nL. Any settlement between the injured person or his personal representative, any\ninsurer providing liability coverage applicable to the claim, and the\nunderinsured motorist described in subsection K shall be in writing, signed by\nboth the injured person or his personal representative and the underinsured\nmotorist, and shall include the following notice to the underinsured motorist,\nwhich must be initialed by the underinsured motorist:\n\t\t\t“NOTICE TO RELEASED PARTY: Your insurance company has agreed to pay the\navailable limits of its insurance to settle certain claims on your behalf. This\nsettlement secures a full release of you for all claims the claimant\/plaintiff\nhas against you arising out of the subject accident, as well as ensures that no\njudgment can ever be entered against you by the claimant\/plaintiff. In order to\nprotect yourself from subrogation by any underinsured motorist insurer, you are\nagreeing to cooperate with the underinsured motorist benefits insurer(s). The\nunderinsured motorist benefits insurer is not your insurer and has no duty to\ndefend you.\n\t\t\tUnder this manner of settlement, the underinsured motorist benefits\ninsurer(s) that is\/are involved in this case has\/have no right of subrogation\nagainst you unless you fail to reasonably cooperate in its\/their defense of the\nclaim by not (i) attending your deposition and trial, if subpoenaed, (ii)\nassisting in responding to discovery, (iii) meeting with defense counsel at\nreasonable times after commencement of this suit and before your testimony at a\ndeposition and\/or trial, and (iv) notifying the underinsured motorist benefits\ninsurer or its defense counsel of any change in your address, provided that the\nunderinsured motorist benefits insurer or its defense counsel has notified you\nof its existence and provided you with their contact information.\n\t\t\tUpon payment of the agreed settlement amount by your insurance company(ies),\nsuch company shall no longer owe you any duties, including the duty to hire and\npay for an attorney for you. You are not required to consent to settlement in\nthis manner. If you do not consent to settlement in this manner, your insurance\ncompany will still defend you in any lawsuit brought against you by the\nclaimant\/plaintiff, but you will not have the protections of a full release from\nthe claimant\/plaintiff, judgment could be entered against you and may exceed\nyour available insurance coverage, and any underinsured motorist benefits\ninsurer would have a right of subrogation against you to recover any moneys it\npays to the claimant\/plaintiff.\n\t\t\tYou are encouraged to discuss your rights and obligations related to\nsettlement in this manner with your insurance company and\/or an attorney. By\nsigning this document, you agree to consent to this settlement and to reasonably\ncooperate with the underinsured motorist benefits insurer in the defense of any\nlawsuit brought by the claimant\/plaintiff.\n\t\t\t______ (initial)”\n\t\t\tIn the alternative to having the underinsured motorist sign the release and\ninitial the notice, the liability insurer may send the notice and release to the\nunderinsured motorist by certified mail return receipt requested to his last\nknown address, which will be deemed to have satisfied the requirements of this\nsubsection.\n\nM. Any action brought by the injured person or his personal representative to\nrecover underinsured motorist benefits after payment of the liability\ninsurer’s available limits pursuant to subsection K shall be brought\nagainst the released defendant, and a copy of the complaint shall be served on\nany insurer providing underinsured motorist benefits. If an action is pending at\nthe time the liability insurer’s available limits are paid to the injured\nperson or personal representative or his attorney, then the action shall remain\npending against the named defendant or defendants who have been released. If\nsuch action results in a verdict in favor of the injured person or his personal\nrepresentative against a released defendant, then judgment as to that defendant\nshall be entered in the name of “Released Defendant” and shall be\nenforceable against the underinsured motorist benefits insurer, not to exceed\nthe underinsured motorist benefits limits, and against any unreleased defendant,\nas though it were entered in the actual name of the released defendant.\n\nN. Any proposed settlement between a liability insurer and a person under a\ndisability or a personal representative as permitted in subsection K that\ncompromises in part a claim for personal injuries by the person under a\ndisability or for death by wrongful act pursuant to § 8.01-50 may be, but\nis not required to be, approved pursuant to § 8.01-424 or 8.01-55, as\napplicable. If the personal representative elects not to have the settlement\nwith the liability insurer approved pursuant to § 8.01-55, then any payment\nmade to the personal representative by the liability insurer shall be made\npayable to the personal representative’s attorney, to be held in trust, or\npaid into the court pursuant to § 8.01-600 if the personal representative\nis not represented by an attorney, with no disbursements made therefrom until\nthe compromise is approved by the court pursuant to § 8.01-55. Approval by\nthe court of a settlement between the liability insurer and a person under a\ndisability or the personal representative pursuant to this subsection shall not\nprejudice the person’s or personal representative’s claim for\nunderinsured motorist benefits.\n\nHISTORY: Code 1950, \u00a7 38-238; 1952, c. 317, \u00a7 38.1-381; 1958, c. 282; 1959,\nEx. Sess., cc. 42, 70; 1960, c. 462; 1962, c. 457; 1964, c. 477; 1966, cc. 182,\n459; 1968, cc. 199, 721; 1970, c. 494; 1971, Ex. Sess., c. 216; 1973, cc. 225,\n390; 1974, c. 87; 1976, cc. 121, 122; 1977, c. 78; 1979, c. 113; 1980, cc. 326,\n331; 1981, Sp. Sess., c. 6; 1982, cc. 638, 642; 1984, c. 541; 1985, cc. 39, 325;\n1986, c. 562; 1987, c. 519; 1988, cc. 565, 578, 585, 586, 594; 1989, c. 621;\n1993, c. 381; 1995, cc. 189, 267, 476; 1997, cc. 170, 191; 1999, c. 992; 2001,\nc. 218; 2003, c. 283; 2010, c. 492; 2011, c. 107; 2015, cc. 584, 585; 2019, c.\n779; 2022, c. 308; 2024, c. 781.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}