Question 1

Does Virginia allow UM/UIM stacking?

Accepted Answer

The statute sets an order of payment when you are entitled to coverage under more than one policy: the policy on the vehicle you occupied, then a policy on an uninvolved vehicle where you are a named insured, then one where you are another insured, with proration within a level (Va. Code 38.2-2206(B)(2)). It does not ban adding them. We did not read court decisions on how total recovery is calculated, so ask an attorney.

Question 2

Is UM/UIM required in Virginia?

Accepted Answer

Yes, in at least the minimum limits and, unless any one named insured rejects the additional coverage, equal to your liability limits. Underinsured coverage must equal the uninsured limits (Va. Code 38.2-2206(A)).

Question 3

How does Virginia UIM pay?

Accepted Answer

Without any credit for the other driver's liability coverage, unless a named insured signs an election to reduce UIM by it. A vehicle is underinsured when and to the extent that the available liability coverage is less than your damages up to your UIM limit (Va. Code 38.2-2206).

Question 4

What if I was partly at fault?

Accepted Answer

Virginia's common-law contributory negligence rule is widely described as barring recovery if you were negligent at all, with exceptions. It comes from court decisions we did not read, so ask an attorney.

Question 5

How long do I have to sue?

Accepted Answer

Two years for personal injury (Va. Code 8.01-243(A)). A person who is a minor when the claim accrues may sue within that period after the disability is removed (8.01-229(A)(1)).

Virginia UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Virginia pays UIM without credit for the other driver's coverage unless you elected otherwise, sets an order of payment among policies, and bars recovery for any negligence

Virginia UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Virginia pays UIM without credit for the other driver's coverage unless you elected otherwise, sets an order of payment among policies, and bars recovery for any negligence

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