You did everything right — and the driver who hit you had no insurance, too little of it, or sped off before you got a plate. It feels like there’s no one to hold responsible. Often, there is: your own policy. Virginia requires uninsured and underinsured motorist coverage, and it may be what pays for your injuries. Decker Law helps you claim it — even when your own insurer makes it hard. Call 757-622-3317 for a free consultation, available 24/7.
HIT BY AN UNINSURED DRIVER? YOUR POLICY MAY PAY
Virginia law requires every auto policy to include uninsured and underinsured motorist (UM/UIM) coverage (Va. Code § 38.2-2206). That means if you’re hit by a driver with no insurance, by one whose limits are too low to cover your injuries, or by a hit-and-run driver who’s never found, your own policy may step in to pay. Most people don’t realize they have this protection until they need it — and by then, the claim is against their own insurance company.
That’s where it gets complicated. A UM/UIM claim puts you and your insurer on opposite sides, and the same company that took your premiums now has a reason to minimize your payout. We handle these claims the way we’d handle a claim against any other insurer: documenting your injuries, valuing them honestly, and pushing back when the offer doesn’t match the harm. You paid for this coverage — we make sure it actually works when it counts.
UNINSURED MOTORIST CLAIMS: WHAT TO KNOW
What does uninsured/underinsured (UM/UIM) coverage do?
It steps in when the at-fault driver has no insurance, too little to cover your injuries, or can’t be identified. Virginia requires this coverage on every auto policy (Va. Code § 38.2-2206), so you likely already have it.
Does it cover hit-and-run crashes?
Often yes. If the driver who hit you fled and is never identified, your UM coverage may treat it like an uninsured-driver claim — though prompt reporting and specific proof requirements apply.
I’d be claiming against my own insurer — will that work against me?
It can. Once you file a UM/UIM claim, your insurer has a financial reason to minimize the payout, and the relationship turns adversarial. We handle it the way we’d handle a claim against any other insurance company.
Are there deadlines or notice rules I need to worry about?
Yes. UM/UIM claims carry notice requirements and deadlines that differ from an ordinary claim, and missing them can cost you coverage — so it’s worth getting advice early.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
If an uninsured or hit-and-run driver left you injured, don’t assume you’re out of options — your own coverage may be the answer, and there are deadlines and notice rules that matter. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.
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