Uninsured/Underinsured Motorist Complaint - Virginia

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith (Va. Code § 8.01-66.1)
9. Damages
10. Prayer for Relief
11. Verification

Caption

IN THE CIRCUIT COURT OF [COUNTY/CITY NAME], VIRGINIA

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY/COUNTY], Virginia, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the Commonwealth of Virginia, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Va. Code Ann. § 8.01-328 et seq.

5. Unless a Category A venue rule controls, venue is permissible in [COUNTY/CITY] under Va. Code § 8.01-262 because [☐ the accident or another part of the cause of action occurred here / ☐ a Defendant resides or has its principal or registered office here / ☐ a Defendant regularly conducts substantial business activity here and a practical nexus exists through witnesses, parties, or other evidence / ☐ subdivision (10)'s plaintiff-residence fallback applies because all Defendants are unknown or nonresidents, or no other statutory forum is available / ☐ another identified subdivision: ________________________________].

General Allegations

6. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/COUNTY], Virginia.

7. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

8. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Other: [________________________________]

9. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

10. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy was [☐ issued / ☐ renewed] on or after [☐ July 1, 2024 (UM/UIM bad-faith cause of action under Va. Code § 8.01-66.1 available) / ☐ before July 1, 2024].

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff did not execute a valid written rejection of UM/UIM coverage as permitted by Va. Code Ann. §§ 38.2-2206(A) and 38.2-2202(B).

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

16. The at-fault motorist was uninsured at the time of the accident within the meaning of Va. Code Ann. § 38.2-2206, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer has denied coverage / ☐ the at-fault motorist's insurer is insolvent].

☐ Underinsured Motorist (UIM) Claim:

17. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], and the total damages sustained by Plaintiff exceed the total amount of liability coverage available for payment, thereby qualifying the at-fault motorist as "underinsured" under Va. Code Ann. § 38.2-2206.

18. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

19. For policies issued or renewed on or after July 1, 2023: Defendant Insurer may NOT reduce UIM benefits by the amount of the tortfeasor's liability coverage, unless Plaintiff (or another named insured) signed a written election to reduce UIM benefits by the amount of the liability coverage available for payment. Absent such an election, Plaintiff is entitled to recover the full UIM limits in addition to the liability recovery (Va. Code Ann. § 38.2-2206(A)).

20. Plaintiff's settlement with the tortfeasor's liability insurer, if any, was conducted in accordance with the procedure set forth in Va. Code Ann. § 38.2-2206(K)-(N), including any required written release and notice to the underinsured motorist.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

21. Plaintiff incorporates by reference all preceding paragraphs.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith (Va. Code Ann. § 8.01-66.1)

26. Plaintiff incorporates by reference all preceding paragraphs.

27. Plaintiff became "legally entitled to recover" from the uninsured/underinsured motorist, within the meaning of Va. Code Ann. § 8.01-66.1, when liability to Plaintiff became reasonably foreseeable, without necessity of a judgment against the uninsured/underinsured motorist.

28. At least 45 days before making a settlement demand on Defendant Insurer, Plaintiff provided notice of intent to make a demand, together with information and documentation sufficient for Defendant Insurer to assess liability and damages, as required by Va. Code Ann. § 8.01-66.1(E).

29. Defendant Insurer did not tender, within the earlier of receipt of Plaintiff's settlement demand or 45 days after receiving Plaintiff's notice under the preceding paragraph, the lesser of (i) the applicable UM/UIM policy limits or (ii) the amount demanded by Plaintiff, and is therefore not entitled to the safe harbor described in Va. Code Ann. § 8.01-66.1(F).

30. Defendant Insurer dealt with Plaintiff in bad faith in handling the UM/UIM claim by:

☐ Denying, refusing, or failing to pay UM/UIM benefits after Plaintiff became legally entitled to recover
☐ Failing to make a timely and reasonable settlement offer after Plaintiff became legally entitled to recover
☐ Rejecting a reasonable settlement demand made within the UM/UIM policy limits, after all applicable liability policy limits and underlying UM/UIM benefits had been tendered or paid
☐ Failing to respond within a reasonable time to a reasonable settlement demand described in the preceding paragraph
☐ Other: [________________________________]

31. Pursuant to Va. Code Ann. § 8.01-66.1(D), if the Court finds that Defendant Insurer's denial, refusal, failure to pay, failure to make a timely and reasonable settlement offer, rejection of a reasonable settlement demand, or failure to timely respond was not made in good faith, Defendant Insurer is liable to Plaintiff, in addition to the amount due and owing under the Policy on the judgment against the tortfeasor, for:

a. An amount up to double the judgment obtained against the uninsured/underinsured motorist (or immune motorist, unknown owner or operator, or released defendant, as applicable), not to exceed $500,000;
b. Reasonable attorney's fees for bringing the bad faith claim;
c. All costs and expenses incurred by Plaintiff to secure the judgment against the tortfeasor; and
d. Interest from 30 days after the date of the bad faith denial, failure, or refusal, or the date the reasonable settlement demand was submitted in writing.

Damages

32. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Bad faith damages — up to double the judgment against the tortfeasor, not to exceed $500,000 (§ 8.01-66.1(D))
☐ Attorney's fees (bad faith claim only)
☐ Costs and expenses incurred to secure judgment against the tortfeasor (bad faith claim only)
☐ Prejudgment interest
☐ Costs of suit

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy, without offset for amounts recovered from the tortfeasor's liability coverage (for policies issued/renewed on or after 7/1/2023, absent a written election to reduce as described above);
3. For bad faith damages pursuant to Va. Code Ann. § 8.01-66.1(D) in an amount up to double the judgment against the tortfeasor, not to exceed $500,000;
4. For reasonable attorney's fees and costs and expenses incurred to secure judgment against the tortfeasor, pursuant to Va. Code Ann. § 8.01-66.1(D);
5. For prejudgment interest as permitted by law;
6. For costs of suit incurred herein; and
7. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], VSB No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Virginia [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Virginia

Sources and References

• Va. Code § 38.2-2206 — Virginia LIS (Uninsured motorist insurance coverage)
• Va. Code § 8.01-66.1 — Virginia LIS (Remedy for arbitrary refusal of motor vehicle insurance claim; UM/UIM bad faith added by 2024 amendment)
• Va. Code § 46.2-472 — Virginia LIS (Coverage of owner's policy; minimum limits, including the 1/1/2025 increase)
• Va. Code § 8.01-243 — Virginia LIS (Personal action for injury to person; two-year limitations period)
• Virginia 2023 UIM No-Offset Amendment — Jordan Coyne LLP
• Virginia's New Bad Faith Law (§ 8.01-66.1) — Sands Anderson
• UM/UIM Bad Faith Comes to Virginia — TTH Law