Does VA have a law requiring out of state policies such as OH to match their minimum requirements in the event of a accident

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 5, 2011

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Insurance Question from Newport News, VA

Asked on 10/05/2011

Does VA have a law requiring out of state policies such as OH to match their minimum requirements in the event of a accident If you are hit by an Ohio driver who only has 15,000 coverage because of their states minimum insurance requirements in your state which is VA and their minimum is 25,000 for personal injury coverage. Does VA have a "Match" law that would require the other drivers insurance to match the state of VA insurance minimums since the accident which was alcohol related happened in VA? I am asking because the medical bills are more than the coverage the OH driver's policy limits.

Answer given on October 06, 2011

Virginia law cannot dictate coverage through its omnibus statute unless the car is garaged in Virginia or the insurance coverage is issued in Virginia. The underinsured motorist coverage of the Virginia policy covers the gap between the Ohio 15k minimum limit and the Virginia 25k minimum limits. The Underinsured Motorist (UIM)carrier is then subrogated and can sue the at fault party personally (but not his carrier) for a settlement over 15k after the OHIO carrier ponies up it 15k first— if there is a verdict for greater than 15k.  If you were injured in this accident, you may want to discuss this with an attorney to ensure your right to recover from the UIM coverage is not compromised. To contract an attorney for more free advice click here.


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