What is Uninsured and Underinsured Motorist Coverage?

Pursuant to Section 38.2-2206 (B) of the Code of Virginia, as amended, '"Uninsured motor vehicle " means a motor vehicle for which (i) there is no bodily injury liability insurance and property damage liability insurance in the amounts specified by Section46.2-472, (ii) there is such insurance but the insurer writing the insurance denies coverage for any reason whatsoever, including failure or refusal of the insured to cooperate with insurer, (iii) there is no bond or deposit of money or securities in lieu of insurance, (iv) the owner of a motor vehicle has not qualified as a self-insurer under the provisions of section 46.2-368, or (v) the owner or operator of the vehicle is immune from liability for negligence under the laws of the Commonwealth or the United states, in which case the provisions of subsection F shall apply and the action shall continue against the insurer. A motor vehicle shall be deemed uninsured if its owner or operator is unknown."

Also pursuant to Section 38.2 (B) of the Code of Virginia as amended, "A motor vehicle is "underinsured" when, and to the extent that, the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made pursuant to Article 15 (Section 46.2-435 et. seq.) of Chapter 3 of Title 46.2, is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle."

In a nut shell, an uninsured motor vehicle means the vehicle in which the defendant is driving does not have available coverage to compensate a person in an auto accident because of statutory reasons, denial of coverage by the defendant's insurance company, or no insurance coverage at all. Additionally, an underinsured vehicle means the defendant's vehicle coverage is less than the available coverage to the plaintiff from the vehicle he is operating.