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The Importance of UIM Coverage in Virginia - John P. Fishwick Jr. · BSPE Legal Marketing Podcast

• 0:00
  The Importance of UIM Coverage in Virginia When a crash leaves you injured and the at-fault driver carries little or no insurance, your own policy may be the only financial lifeline standing between you and devastating uncompensated losses.
• 0:14
  Uninsured and underinsured motorist coverage, known as UM and UIM, fills the gap when the responsible driver's liability policy is absent or simply not enough to cover the full extent of your damages.
• 0:26
  Virginia law requires UM/UIM coverage in most motor vehicle liability policies under § 38.2-2206, meaning this protection is built into the foundation of auto insurance across the Commonwealth.
• 0:42
  UM coverage can apply when the at-fault vehicle carries no insurance at all, including hit-and-run situations where the owner or operator remains completely unknown.
• 0:51
  UIM coverage, by contrast, steps in when the responsible driver does carry insurance but the available limits fall short of covering the injured person's actual damages.
• 1:01
  Both types of coverage can address bodily injury and property damage, though property damage claims involving an unidentifiable vehicle may exclude the first $200 of the loss.
• 1:12
  Virginia sets minimum UM/UIM limits at $50,000 per person and $100,000 per accident for bodily injury under policies effective on or after January 1, 2025, with $25,000 added for property damage.
• 1:29
  Unless a named insured formally elects to reduce those limits in writing, UM/UIM coverage automatically matches the policy's liability limits, providing a potentially much higher level of protection.
• 1:41
  One critical decision every policyholder faces is whether to elect the UIM reduction calculation, because that choice can cut the available UIM payout in half compared to the default approach.
• 1:53
  Under the default rule for policies issued after July 1, 2023, there is no credit for the at-fault driver's liability payment against the UIM limit, meaning an injured person can potentially collect from both sources separately.
• 2:07
  When a reduction election has been made, the at-fault driver's available liability coverage is credited against the UIM limit, which can significantly reduce the total recovery available to an injured person.
• 2:20
  More than one UM/UIM policy can apply to the same injured person, and Virginia law establishes a priority order that begins with the policy covering the vehicle occupied at the time of the crash.
• 2:32
  Attorney John P. Fishwick Jr. of Fishwick & Associates PLC has decades of courtroom experience representing injured Virginians in complex motor vehicle claims, including disputes with a client's own insurance company over UM/UIM benefits.
• 2:48
  The law firm handles uninsured and underinsured motorist claims for people injured on Interstate 81, on the streets of Roanoke, and throughout the broader Commonwealth of Virginia.
• 2:58
  Understanding your coverage limits, your election status, and the priority rules governing multiple policies can make an enormous difference in what you are ultimately able to recover after a serious crash.
• 3:09
  Contact Fishwick & Associates PLC at 540, 345, 5890, located at 30 Franklin Rd SW Ste 700, Roanoke, VA 24011, United States, to speak with a Virginia personal injury lawyer and get the guidance you need today.