What Does an Uninsured Motorist Not Cover?

An uninsured motorist policy does not cover anything its own wording leaves out. It also stops at the limits your policy sets. The question of what an uninsured motorist does not cover has one clear starting point: your own policy. This guide walks through the limits most people should check in Virginia. It is general information, not a promise about any claim. Insurance terms differ from one policy to another, and the words in your policy control the answer.

What uninsured motorist coverage is supposed to do

Uninsured motorist coverage is part of your own auto policy. It may pay when the at-fault driver has no insurance. Virginia law requires a motor vehicle liability policy to include an endorsement or provisions that pay the insured the sums they are legally entitled to recover from an uninsured driver. Va. Code § 38.2-2206 also requires underinsured motorist coverage, which applies when the at-fault driver’s insurance is not enough.

Your declarations page lists your limits and the coverages you bought. The full policy form and any endorsements explain what is included. Your insurer, or a copy of your policy, is the place to confirm those terms.

Under Va. Code § 38.2-2206(A), uninsured motorist coverage must be within limits not less than the requirements of § 46.2-472, and 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 giving the insurer notice under subsection B of § 38.2-2202. A limit you did not know about can matter a great deal. Check whether anyone on the policy signed a rejection form.

Policy exclusions and limits to look for

Exclusions and limits are the main things an uninsured motorist policy does not cover. Each insurer writes its own exclusions. The exclusions section of your own policy controls. A friend’s policy or a sample form is not a reliable guide to yours.

Look for language about who was driving, which vehicle was involved and whether the policy was in force on the date of the crash. Those are the kinds of terms to check. Do not assume any one of them applies to you. The facts of your crash and the exact wording both matter.

Endorsements can change the base policy, so read them too. Your declarations page also shows the limits that apply. Compare those limits with the facts of your own crash.

Bodily injury and property damage are often handled differently

UM bodily injury covers harm to people. Property damage covers your vehicle and other property. Each may be a separate line on your policy.

Your declarations page shows whether you bought UM property damage, collision coverage, both, or neither. Collision coverage is a separate choice. It pays for vehicle damage under its own terms and deductible.

UM property damage may carry its own limit and deductible. Compare the stated limit and deductible with the repair estimate you receive.

For owner’s policies effective on or after January 1, 2025, Va. Code § 46.2-472 sets a $25,000 limit for injury to or destruction of property of others in any one accident. That is a liability limit. It is not a measure of any claim.

How health insurance and other coverage may interact with a UM claim

Health insurance and other benefits may pay some bills. How they fit with UM bodily injury depends on your policy wording.

Crash injuries can lead to many kinds of care. A traumatic brain injury, for example, is caused by a bump, blow or jolt to the head, according to NINDS. Bills for that care can pile up across several providers.

Keep a record of which insurer paid which bill. Note which coverage line each claim was filed under. Medical payments coverage, if your policy has it, is a separate line with its own terms.

How one coverage affects another depends on the policy language and the facts of each claim.

Hit-and-run and unidentified drivers

Whether UM applies when the driver cannot be identified depends on your policy wording. Some policies address hit-and-run drivers and drivers who leave the scene. The policy language controls whether and how that coverage applies.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The duties are set out in Va. Code § 46.2-894. That section also requires reasonable help for an injured person. If injuries prevent a driver from reporting at once, the statute requires a report as soon as reasonably possible.

This reporting duty applies at the time of the crash. It is separate from the deadline to file a lawsuit, which comes later in this guide. Keep any crash report number you receive. Your insurer may ask for it.

When a fatal crash raises different questions

A fatal crash raises questions beyond the policy, starting with who can file a claim. A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. The rules appear in Va. Code § 8.01-50 and § 8.01-244.

Any recovery is then distributed under Va. Code § 8.01-53. That section looks at who survived the decedent, such as a surviving spouse, children or parents. It also looks at whether other relatives were primarily dependent on the decedent for support or services and were also members of the same household as the decedent. Under Va. Code § 8.01-53, when the decedent leaves children or children of a deceased child, a parent of the decedent shares in the award only if, within the 12 months before the death, that parent regularly received support or services from the decedent for necessaries. When the decedent leaves a surviving spouse and a parent but no child or grandchild, the award goes to the spouse and the parent or parents. When there is no surviving spouse, child or child of a deceased child, the award goes to the decedent’s parents, brothers and sisters, and to any other relative who was primarily dependent on the decedent for support or services and lived in the same household.

Injury claims that do not end in death have their own clock. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Some claims carry notice requirements that run out sooner.

Questions to bring to a review of the policy and the facts

Gather your policy documents, the crash report number, bills and dates before any review of your coverage. Useful items include:

• Your declarations page, the full policy form and every endorsement.
• The UM and collision lines, with their limits and deductibles.
• Any rejection forms signed on the policy.
• The crash report number and the name of the reporting agency.
• Medical bills, funeral bills and each insurer’s written explanation of benefits.
• A dated list of each step taken after the crash.

A lawyer may wish to review facts such as who was driving, which vehicle was involved and whether the other driver could be identified. These facts may matter under the policy and under Virginia law. They do not decide the result on their own.

Your policy, the facts of the crash and any Virginia rules each need to be checked before anyone can say what coverage applies. The same questions apply to drivers in the Shenandoah Valley, Richmond and Henrico County.

Frequently asked questions