Understanding Virginia’s 2023 Car Insurance Law Updates – Barney Injury Law

The world of car insurance is constantly evolving, and it’s essential to stay informed about any changes that could impact your coverage. In July 2023, Virginia significantly altered its car insurance laws that might affect millions of drivers across the Commonwealth. This alteration is crucial, yet insurance companies are unwilling to highlight it. In this article, we will dive deep into the finer details of Virginia’s new car insurance law, explaining its implications, the tactics insurance companies use to sway your decisions, and why staying informed is vital.

The New Car Insurance Law – Virginia Code § 38.2-2206

The foundation of this change lies in Virginia Code § 38.2-2206, which came into effect on July 1, 2023. While the legal language can be complex, its core impact is significant. It mandates all motor vehicle liability insurance policies to include underinsured motorist coverage, providing additional protection to policyholders for covered damages. This coverage equals the policyholder’s bodily injury and property damage liability coverage. Essentially, it ensures that you are adequately protected in an accident involving an underinsured or uninsured driver.

Insurance Companies’ Strategy – Opting Out of Coverage

Insurance companies, ever conscious of their bottom line, have devised a strategy to allow policyholders to opt out of this newly mandated coverage. They present this option as a cost-saving measure by suggesting that policyholders can choose limits for uninsured motorist coverage lower than their bodily injury and property damage liability limits. By signing a specific form, policyholders effectively waive this coverage.

The Impact of Waiving Coverage

Opting out of this coverage may reduce your premiums and expose you to potentially significant financial risks. When you opt-out, you’re signing away the right to access this extra layer of protection. Given the unpredictability of accidents and the prevalence of underinsured drivers, this decision could have dire consequences in the long run.

Virginia Lawmakers’ Intent – Protecting Policyholders

Virginia lawmakers made this change to ensure that policyholders injured in car accidents can fully utilize their coverage to recover damages. In essence, this law allows you to use your car insurance policy if the at-fault driver does not have sufficient coverage to pay for the damages.

Insurance Rates in Virginia

Despite concerns about increased premiums, a recent study on car insurance rates in the US reveals that Virginia has experienced minimal rate increases over the past decade. This data suggests that, despite the increased costs associated with vehicle repairs and replacement, Virginians continue to enjoy some of the lowest car insurance rates in the country.

Understanding the Insurance Coverage You Already Have

It’s crucial to realize that insurance companies may not always disclose all your options after a car accident. They might make an initial offer that appears to be the total amount of coverage available, but that might differ. There could be additional options, such as using your insurance or the policies of other household members to cover medical bills, property loss, lost wages, and more.

Seeking Expert Advice

If you’ve been involved in an accident with an uninsured or underinsured driver, it’s essential to consult with our car accident experts. They can help you navigate the complexities of your policy and determine the full extent of compensation available to you. Before signing any agreement with your insurance company, it’s crucial to ensure you know all your rights and options.


In conclusion, the 2023 car insurance law changes in Virginia have introduced a significant shift in the insurance landscape. Policyholders must understand the implications, the strategies employed by insurance companies, and the potential risks of waiving coverage. Staying informed and seeking expert advice when necessary can help you make informed decisions that protect your interests in the event of an accident. Don’t let insurance companies dictate your choices; ensure you are well-informed about your coverage and available options.

If you have questions, contact Barney Injury Law. If you have been injured in a car accident or sustained an injury due to the negligence of others, visit:

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