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If you are a driver in the commonwealth of Virginia, you may have wondered, does the Old Dominion State require auto insurance? The answer to that question changed this year when the Virginia legislature repealed a law that allowed drivers to pay a fee if they wanted to avoid purchasing a policy. As of July 1, 2024, all drivers in the state are required to have liability coverage. Additionally, the state will increase its mandatory minimum coverage limits on January 1, 2025. 

Car insurance laws in Virginia

In the commonwealth of Virginia, all vehicle owners are required to comply with specific insurance laws to legally operate their vehicles. These laws stipulate that all registered vehicle owners must meet the minimum insurance requirements mandated by the state legislature. 

For policies effective January 1, 2022 to December 31, 2024, Virginia minimum car insurance includes the following: 

For policies effective January 1, 2025 onward, drivers must carry:

  • $50,000 bodily injury liability per person
  • $100,000 bodily injury liability per accident
  • $25,000 property damage liability

Drivers must have proof of insurance anytime they are behind the wheel and provide proper insurance documentation when requested by law enforcement. Additionally, Virginia insurance companies are required to notify the Virginia Department of Motor Vehicles (DMV) when a policy is opened or canceled for a vehicle registered in the state. If the DMV has a record of a registered vehicle that does not have insurance, the owner is notified and must provide proof of coverage.

Liability insurance in Virginia

Drivers in Virginia who purchase car insurance for their vehicle must carry at least the state’s minimum required liability limits, as outlined above. Liability coverage is designed to financially protect the other party involved in an accident you cause. It does not cover damage to your vehicle or injuries you incur.

Although purchasing only the state minimum requirements for car insurance might seem like enough to avoid legal and financial trouble, most insurance professionals recommend purchasing higher limits for better financial protection. For example, based on Virginia’s requirements, each person in the other vehicle is entitled to $30,000 in reimbursement for medical costs, with the total medical payout not to exceed $60,000. This means that if there were three passengers in the other vehicle and they each incurred $30,000 in medical costs for a total of $90,000, the remaining $30,000 would need to be paid out of the at-fault driver’s pocket.

Is Virginia a no-fault state?

No, Virginia is not a no-fault state when it comes to car insurance; it is an at-fault state. As an at-fault state, Virginia operates under a tort system, meaning the driver who causes an accident is liable for damages. This system can impact the amount of compensation you can seek following a car accident and may involve a legal process to determine who caused the accident.

What is the new Virginia car insurance law?

Virginia’s car insurance laws were recently updated, particularly with respect to uninsured and underinsured motorist coverage, which a driver may choose to add to their policy. As of July 1, 2023, the application of uninsured motorist (UM) and underinsured motorist (UIM) coverage underwent a significant change. Previously, a driver’s UM/UIM policy would only pay out if their coverage limits exceeded those of the at-fault driver’s liability coverage.

Under the new law, Virginia drivers can now stack their UM/UIM coverage on top of the at-fault driver’s liability coverage without any deduction for the at-fault driver’s insurance amount. This change will allow drivers to potentially receive more from their insurance in the event of an accident involving an underinsured driver. This could be particularly beneficial to Virginia drivers, as the state’s uninsured motorist rate sits at 12.1 percent. The law affected new car insurance policies and renewals after July 1, 2023.

Penalties for driving without insurance in Virginia

Driving without car insurance in Virginia is illegal if you fail to adhere to state regulations. If your coverage is canceled for any reason while your car is registered, you must purchase new insurance, pay a $500 uninsured motor vehicle fee or temporarily deactivate your license plates by turning them in to the DMV.

Virginia drivers who opt for the uninsured motor vehicle option must pay a $500 annual fee. If the fee is unpaid, the DMV may suspend the driver’s license and the vehicle’s registration. In order to reinstate their license, drivers have to pay $600 to the state and file an SR-22 certificate. If you cause injury while driving uninsured or are a repeat offender, you may be required to file an FR-44, which has more stringent penalties and terms. Drivers might also have to pay an additional reinstatement fee to get their license back, and the SR-22 or FR-44 requirement will typically remain in place for three years.

Additional auto insurance coverage options in Virginia

Many drivers in Virginia choose to purchase additional car insurance coverage for more financial protection. Here are some of the most common add-on coverage types in Virginia:

  • Collision coverage: Collision coverage helps pay for your vehicle’s repair after an at-fault accident involving another vehicle or a stationary object. It also covers rollovers and pothole damage. It generally includes a deductible, which you must pay if your claim is approved. 
  • Comprehensive coverage: Comprehensive coverage helps pay for vehicle damage that is caused by events other than an accident, such as falling objects, vandalism, fire, theft or flood damage. Like collision insurance, it includes a deductible.
  • Roadside assistance: Roadside assistance may provide vehicle repairs, towing, fuel delivery and battery services, among other roadside services. Many car insurance companies in Virginia offer this endorsement.
  • Rental car reimbursement: Rental car reimbursement coverage pays for a rental car if your personal vehicle has to get repaired after a covered claim.

Frequently asked questions

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