Virginia is an at-fault (tort) auto insurance state.
In an at-fault (tort) state, the driver who causes a crash — through their liability insurance — is responsible for the other party's injuries and damage, and you retain the full right to sue the at-fault driver.
Virginia at a glance
Fault system
At-fault (tort)
PIP required?
Not mandated
UM/UIM in minimum?
Yes — $50,000/$100,000
Minimums raised to 50/100/25 effective 1/1/2025; UM/UIM now required at those limits. The old $500 uninsured-motorist fee was eliminated — insurance is mandatory for all drivers.
Virginia Fault System — FAQ
Is Virginia a no-fault state?
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Virginia is an at-fault (tort) auto insurance state. In an at-fault (tort) state, the driver who causes a crash — through their liability insurance — is responsible for the other party's injuries and damage, and you retain the full right to sue the at-fault driver. Minimums raised to 50/100/25 effective 1/1/2025; UM/UIM now required at those limits. The old $500 uninsured-motorist fee was eliminated — insurance is mandatory for all drivers.
Does Virginia require PIP or uninsured-motorist coverage?
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Virginia does not mandate PIP in its minimum auto policy, though many insurers offer it (and MedPay) as an add-on. Uninsured/underinsured motorist bodily-injury coverage of $50,000/$100,000 is part of the state minimum, plus UM property damage of $25,000.
Why does it matter whether Virginia is no-fault or at-fault?
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It changes who pays and whether you can sue. In a no-fault state your own PIP pays your medical costs first and lawsuits are limited to serious injuries; in an at-fault state the at-fault driver's liability insurance pays and you keep the full right to sue. This affects which coverages you should carry. This is general information, not legal advice — confirm specifics with the Virginia Department of Insurance or a licensed attorney.
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Sarah Mitchell
Editorial Lead, Property & Casualty
This article was researched and written by the Cover Forge USA editorial team against federal sources (NAIC, CMS, FEMA, DOL, SSA, state DOIs) and standard policy forms. Bylines organize content by topic — they do not assert individual licensure. See our editorial-policy for details.
Reviewed July 2026
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