Does Virginia Allow UM/UIM Stacking? What Va. Code 38.2-2206 Says

By the FigureMyTax Editorial Team · How we calculate

Virginia's statute does not ban stacking. It sets an order of payment when you are covered under more than one policy, and pays UIM without any credit for the other driver's coverage unless a named insured elected a reduction.

Required coverage

Section 38.2-2206(A) requires UM in at least the minimum limits and equal to your liability limits, unless any one named insured rejects the additional coverage, which binds all insureds under the policy. UIM limits equal the UM limits.

No credit by default

UIM must 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 UIM payments by that coverage, which also binds all insureds.

Order of payment

Subsection B(2) orders payment among policies: the occupied vehicle's policy, then an uninvolved vehicle's policy under which you are a named insured, then one under which you are another insured, with proration within a level. If a named insured elected a reduction, subsection B(3) applies the credit only against the first level, pro rata among those policies.

Definitions

A vehicle is underinsured when, and to the extent that, the liability coverage available for payment, reduced by other claims from the same occurrence, is less than your total damages up to your total underinsured coverage. An unknown owner or operator makes a vehicle uninsured, and a no-contact accident must be reported promptly to your insurer or the police.

How to use this

Compare the results in the Virginia UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how Virginia UM and UIM work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Virginia's rules apply to your specific case with a licensed Virginia attorney.