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. Cause of Action — Negligence Against Motorist
8. Service on UM/UIM Insurer
9. Damages
10. Prayer for Relief
11. Verification

Caption

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

UM/UIM carrier to be served under Va. Code § 38.2-2206(E) or (F): [INSURANCE COMPANY NAME], [SERVICE ADDRESS]. The carrier is identified for statutory service and is not named as a defendant in this pre-judgment tort complaint.

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. [INSURANCE COMPANY NAME] ("UM/UIM Insurer") issued the policy identified below and will be served with process as though it were a defendant under Va. Code § 38.2-2206(E) or (F).

3. Defendant [AT-FAULT MOTORIST NAME or JOHN DOE] ("Defendant Motorist") operated the vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages]. If the operator is unknown, Plaintiff names John Doe under Va. Code § 38.2-2206(E).

Jurisdiction and Venue

4. This Circuit Court has original and general civil jurisdiction under Va. Code § 17.1-513. Plaintiff seeks damages exceeding $4,500; the General District Court does not have exclusive jurisdiction over this claim under Va. Code § 16.1-77(1).

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 UM/UIM Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy was [☐ issued / ☐ renewed] on [DATE]; the applicable coverage terms and effective policy date are [________________________________].

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. The Policy includes UM/UIM coverage at no less than the statutory minimum. Plaintiff [☐ did not elect lower UM/UIM limits than the Policy's liability limits / ☐ elected limits of $[AMOUNT], not below the statutory minimum]. Any reduction of limits is governed by Va. Code §§ 38.2-2206(A) and 38.2-2202(B); minimum UM/UIM coverage cannot be rejected.

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. The at-fault motorist's liability carrier has [☐ tendered available limits / ☐ paid $[AMOUNT] / ☐ not yet tendered or paid]. The amount recovered to date is $[AMOUNT, IF ANY].

19. For policies issued or renewed on or after July 1, 2023: UM/UIM Insurer may not reduce UIM benefits by the amount of the tortfeasor's liability coverage unless a named insured signed the written election described in Va. Code § 38.2-2206(A). Absent that election, UIM coverage is available without that offset, up to applicable limits and proven damages.

20. Plaintiff's settlement with the tortfeasor's liability insurer, if any, was conducted in accordance with Va. Code § 38.2-2206(K)-(N), including the release under subsection (K) and, when applicable, the signed settlement and initialed notice to the underinsured motorist under subsection (L).

Cause of Action

Negligence Against Defendant Motorist

21. Plaintiff incorporates by reference all preceding paragraphs.

22. Defendant Motorist owed Plaintiff a duty to operate the vehicle with reasonable care under the circumstances.

23. Defendant Motorist breached that duty by the acts described in paragraph 8.

24. Defendant Motorist's breach proximately caused the collision and Plaintiff's injuries and losses described above.

25. Plaintiff seeks a judgment against Defendant Motorist for the damages stated in the prayer for relief. Plaintiff intends to rely on the Policy's UM/UIM coverage in satisfying the judgment to the extent provided by Va. Code § 38.2-2206.

Service on UM/UIM Insurer

26. Plaintiff intends to rely on the Policy's UM/UIM coverage and will serve a copy of process on UM/UIM Insurer as though it were a defendant, as required by Va. Code § 38.2-2206(F). If Defendant Motorist is unknown, Plaintiff will also use the John Doe procedure in § 38.2-2206(E). The UM/UIM Insurer may file pleadings and take action in the name of Defendant Motorist or in its own name as § 38.2-2206(F) permits; this complaint seeks an underlying tort judgment against Defendant Motorist.

Damages

27. As a result of Defendant Motorist's negligence, 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]
☐ Prejudgment interest
☐ Costs of suit

Prayer for Relief

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

1. For compensatory damages of $[TOTAL COMPENSATORY DAMAGES SOUGHT];
2. For prejudgment interest as permitted by law;
3. For costs of suit incurred herein; and
4. 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

Circuit Court filing: Complete and file the current official Form CC-1416 with this Complaint. Follow the court instructions for the filing party’s portion.

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