Virginia is a fault state with contributory negligence, one of the strictest negligence rules in the country. Its minimum limits rose to 50/100/25 for policies effective January 1, 2025. Auto insurance is now required, because the old uninsured motor vehicle fee option is gone. These rules sit on top of the standard Personal Auto Policy covered in the national guide. The sources are Va. Code 46.2 (motor vehicles) and 38.2-2200 to 38.2-2234 (auto insurance).

Minimum limits and financial responsibility

• Coverage applies in Virginia, any other U.S. state and Canada.
• Proof of financial responsibility: a liability policy, a bond, a deposit of money or securities, or a self-insurance certificate (46.2-436).
• Driving uninsured (46.2-706, 46.2-707):
  • It's a Class 3 misdemeanor, for the owner who drives or allows driving, and for a driver who knows the car is uninsured.
  • The license and registration are suspended until the owner pays a $600 noncompliance fee and files proof of future responsibility.
  • DMV requires a Financial Responsibility Insurance Certificate (SR-22) for 3 years.
  • The plates must be surrendered or deactivated.
  • If the owner doesn't answer DMV's insurance verification within 30 days, the license and registration are suspended.
• Assigned risk: drivers who can't get coverage apply to the SCC for assignment through the Virginia Automobile Insurance Plan (46.2-464).

Liability coverage rules (38.2-2204)

• Omnibus clause: anyone driving with the named insured's express or implied consent is covered. For a nonowned car, the custodian's permission counts.
• If an accident involves several defendants covered by the policy, the per-person limit applies to each, up to the per-accident limit.
• Failing to cooperate voids coverage only if it prejudices the insurer.
• Insurers may exclude coverage while a car is shared on a peer-to-peer platform.
• On an umbrella, a driver may be excluded if the first named insured asks in writing and the driver signs an acknowledgment.

UM and UIM (38.2-2206)

Limits

• UM is required on every policy, at limits equal to the liability limits.
  • Any one named insured may reject the higher limits, which binds all insureds. Limits can't go below the financial responsibility minimums.
• UIM limits equal the UM limits.
• UIM pays in addition to the at-fault driver's liability coverage, with no credit for it. A named insured may elect, in writing, to have UIM reduced by that coverage (38.2-2202).
• UM property damage: at least $20,000. The first $200 may be excluded when the at-fault driver is unidentified.

Definitions and priority

• Uninsured includes a vehicle whose insurer denies coverage for any reason.
• Underinsured means the at-fault coverage is less than the damages.
• Priority: first the policy on the occupied vehicle, then one where the person is a named insured, then others.

Hit-and-run and claims

• A no-contact hit-and-run must be reported promptly to the insurer or the police.
• The insured may sue "John Doe" and serve the UM insurer.
• UM endorsements can't require arbitration.
• A paying UM insurer is subrogated against the at-fault driver.
• Umbrella policies don't have to include UM.

Optional medical expense and income loss (38.2-2201)

• Virginia has no mandatory PIP. On request, insurers provide:
  • medical expense benefits of $2,000 per person, or another agreed limit
  • income loss of up to $100 a week for up to 1 year
• An insurer can't keep a subrogation right for medical payments (38.2-2209).
• It can't credit other health insurance against medical payments coverage (38.2-2211).
• Rental reimbursement must be offered in writing when comprehensive or collision is written (38.2-2230).

Cancellation and nonrenewal (38.2-2212)

Scope. These rules don't cover Virginia Automobile Insurance Plan, garage, dealer or excess-only policies.

Cancellation

• First 60 days: the insurer may cancel without cause. The application must say so in boldface.
• After 60 days, the insurer may cancel only for:
  • suspension or revocation of the driving privileges of the named insured or a resident or customary driver
  • nonpayment
  • the insured moving out of state with the car garaged there
• Notice: at least 45 days, or 15 days for nonpayment.
  • The insured may ask the Commissioner to review the action within 15 days.
  • Notices mention the Virginia Automobile Insurance Plan.

Nonrenewal can't be based solely on:

• accidents or violations more than 48 months old
• comprehensive or towing claims. Those coverages can be changed with 45 days' notice.
• UM claims where the uninsured driver is known or there was contact
• two or fewer not-at-fault accidents in 3 years

Records: insurers keep cancellation records and proof of mailing for 1 year.

Claims and rating

• An estimate using aftermarket parts must say so in writing. The parts must equal OEM in fit, quality and performance (38.2-510).
• Insurers can't require photos as a condition of an appraisal.
• Refusing coverage based on age, sex, residence, race, marital status, foster care status, lawful occupation and similar factors is prohibited (38.2-2213).
• Insurers must disclose their use of credit information (38.2-2234).

Negligence: contributory negligence

• In Virginia, a plaintiff who was even slightly at fault generally recovers nothing (Coutlakis v. CSX Transportation, Va. Sup. Ct. 2017).
• The narrow last clear chance doctrine is the main exception.
• Comparative-fault reductions don't apply.

Common exam traps

• Limits: 50/100/25 for policies from 1/1/2025. Before that, 30/60/20.
• Driving uninsured: Class 3 misdemeanor, a $600 fee and an SR-22 for 3 years.
• UM is required at liability limits. UIM pays on top of the at-fault limits.
• Cancellation notice: 45 days, or 15 for nonpayment.
• Medical expense ($2,000) and income loss ($100 a week) are optional.
• Contributory negligence: any fault bars recovery.