Virginia's Car Insurance Minimums Are 50/100/25. Here's Why the Minimum Often Isn't Enough After a Serious Crash

If you drive in Virginia, your policy has to carry at least $50,000 for injury to one person, $100,000 for injuries to two or more people, and $25,000 for property damage. People call that 50/100/25. It is the legal floor, not a recommendation.

It matters most to people who did nothing wrong. When someone else causes a serious crash, the coverage they chose often sets the first ceiling on what their insurer will pay. Here is what the law requires, what it leaves out, and what you can check on your own policy today.

What Virginia requires right now

For policies effective on or after January 1, 2025, Virginia's minimum liability limits are (Va. Code § 46.2-472):

$50,000 for bodily injury or death of one person in one crash.

$100,000 for bodily injury or death of two or more people in one crash.

$25,000 for damage to other people's property.

Policies effective from January 1, 2022 through December 31, 2024 had lower minimums of 30/60/20 (Virginia DMV). If your policy has not renewed recently, look at your declarations page. The numbers on it tell you what you actually bought.

The old uninsured motor vehicle fee is gone. A vehicle registered in Virginia now has to be insured, or meet the state's financial-responsibility rules another allowed way, such as a self-insurance certificate. Some drivers still go without insurance anyway, which is one reason uninsured motorist coverage exists.

What liability coverage actually covers

Liability coverage pays for harm the policyholder causes to other people. It does not pay for the policyholder's own injuries. If someone runs a red light on Virginia Beach Boulevard and hits you, their liability coverage is the first place your injury claim goes.

That is why the minimum matters to you even if your own policy is generous. In most crashes, the other driver's limits are the first limit on what their insurer will pay.

Why the minimum often isn't enough

A serious crash gets expensive fast. Think about what one injured person may face:

An ambulance ride and an emergency room visit.

Imaging, surgery or a hospital stay.

Weeks or months of physical therapy.

Time out of work, sometimes for good.

Pain and changes to daily life that do not come with a bill.

If the at-fault driver carries $50,000 per person and your losses are well past that, their insurer generally will not pay more than the policy limit. If more than one person is hurt, everyone shares the $100,000 per-crash limit, and no one person can collect more than $50,000 of it.

You can sometimes pursue the driver personally for the rest. But a driver who bought the bare minimum often has little else to collect from. That is where your own coverage comes in.

Your own policy can protect you: UM and UIM coverage

This is the part of the policy most people never read, and after a bad crash it is often the most important part.

Uninsured motorist (UM) coverage helps when the driver who hit you has no insurance, or when the driver cannot be identified, as in many hit-and-run crashes. I explain that in my post on hit-and-run claims in Virginia.

Underinsured motorist (UIM) coverage helps when the other driver has insurance, but not enough to cover your losses.

Every Virginia auto liability policy must include UM coverage, at least at the state minimum. UM limits default to your liability limits unless a named insured rejects the extra amount, and they cannot go below the financial-responsibility minimum. UIM limits equal the UM limits.

The 2023 change that made UIM coverage worth more

Virginia changed how UIM coverage pays for new and renewal policies effective on or after July 1, 2023 (2022 Acts of Assembly, chapter 308). Under the old rule, your UIM payout was reduced by the other driver's liability coverage. Under the current law, UIM coverage is paid without that credit, on top of the other driver's coverage, unless a named insured signed a written election to keep the old reduction (Va. Code § 38.2-2206).

Here is a simple example. Say the at-fault driver has $50,000 in coverage, your damages are $150,000, and you carry $100,000 in UIM coverage. Under the current rule, you may be able to recover the other driver's $50,000 and also make a claim on your own $100,000 of UIM coverage. Under the old rule, the $50,000 would have been subtracted from your UIM limit first. Every case is different, and the policy language controls.

Virginia law also lets you settle with the at-fault driver's insurer for its full limits and still pursue your UIM claim, as long as the release follows the statute (§ 38.2-2206(K)). The paperwork matters, so read any release carefully before you sign it.

Check your policy in 60 seconds

Pull up your declarations page, the summary page from your insurer, and look for these lines:

1. Bodily injury liability. Is it 50/100 or higher?

2. Uninsured/underinsured motorist. What are the limits? Are they as high as your liability limits, or did someone reject the higher amount?

3. Medical expense coverage (often called MedPay). In Virginia this is optional, and your insurer has to tell you it is available (Va. Code § 38.2-2202). Do you have it, and how much?

4. The effective date. If it has been a while, ask your agent about your options at renewal.

I am not an insurance agent, and I don't sell insurance. If you can afford higher UM/UIM limits, it is worth asking your agent what they would cost.

What to do if you're already hurt

If you were injured in a crash and the other driver only has the minimum, a few things matter early:

Get the police report and check it for errors. Here is how to get your Virginia Beach crash report and what to do after a car accident in Virginia.

Tell your own insurer about the crash promptly, even though the other driver was at fault. Your policy's notice terms apply to a UM/UIM claim, and in a hit-and-run with no contact between the vehicles, Virginia law requires a prompt report to your insurer or the police (§ 38.2-2206(D)).

Be careful what you tell the other driver's insurer. I explain why in my post on dealing with insurance adjusters.

Keep every bill and record. Here is who pays your medical bills while the claim is open.

Virginia also follows a strict contributory negligence rule. If you are found even slightly at fault, it can bar your claim. Read how that rule works.

If you want to know what your car accident case may be worth, the available coverage is one of the first things to look at. Crashes with a commercial vehicle can involve different and larger policies. See truck accident claims.

Talk to a Virginia Beach car accident lawyer

When you hire me, you get me. I'll look at every policy that might apply, including your own, and tell you plainly where you stand. If the other driver's coverage looks too small for what the crash cost you, call or text 757-965-7200, or contact me online. The consultation is free. I handle Virginia Beach auto accident cases from this office.

Scott R. Barney, Esq. · Barney Injury Law · 1080 Laskin Road, Suite 101, Virginia Beach, VA 23451