At Obenshain Law Group, we are committed to fighting for the rights and safety of individuals and families across Virginia both inside and outside the courtroom. That mission extends to the work of founding attorney Mark Obenshain, who, in addition to being a seasoned trial lawyer, serves as a senior member of the Virginia State Senate. In his role as legislator, Mark has long worked to make the legal system fairer and more accessible for all Virginians.
Among his significant contributions is his sponsorship and leadership in the passage of Senate Bill 754 (SB 754), legislation that has transformed underinsured motorist (UIM) coverage in Virginia. This coverage offers drivers and their families protection from the burden of injuries caused by the negligence of underinsured drivers. Before this bill, drivers were often surprised to learn that this coverage was not available to help them, even though they paid for it. This critical reform enhances the ability of injured Virginians to recover the compensation they need and deserve after accidents involving underinsured drivers.
Mark Obenshain’s Leadership in Advancing SB 754
Recognizing the gaps that left many injured motorists under-compensated despite having purchased UIM coverage, Mark Obenshain worked closely with stakeholders, including independent insurance agents across the Commonwealth, to craft and advocate for this much-needed reform. His efforts helped secure broad bipartisan support in the General Assembly, and SB 754 was signed into law in 2022.
Mark’s aim was clear: give Virginians greater access to the insurance benefits they already paid for and empower them to better protect themselves and their families against negligent drivers with inadequate insurance coverage.
“This bill allows, but does not require, drivers to purchase more valuable protection for themselves and their families. It reflects a meaningful step toward a fairer system that puts injured victims first.” — Mark Obenshain
SB 754 took effect for auto insurance policies issued or renewed after July 1, 2023. Its benefits are now becoming evident in cases across Virginia.
What SB 754 Changed: Understanding UM/UIM Stacking
Before SB 754, Virginia law significantly limited the ability of injured motorists to access the full value of their own UM/UIM coverage. The law gave underinsured motorist insurers a credit for payments made under the at-fault driver’s liability policy. This often left victims without sufficient funds to cover the full extent of their injuries, despite having purchased UM/UIM coverage precisely for that purpose.
SB 754 changed that. Now, for policies issued or renewed after July 1, 2023:
• UM/UIM coverage applies in addition to the at-fault driver’s liability insurance.
• The coverages are “stacked,” meaning victims can combine (or stack) the liability coverage and their own UM/UIM limits.
• For example, where an at-fault driver has $50,000 in liability coverage and the injured person has $50,000 in UM/UIM, the injured person can now recover up to $100,000, instead of being limited to just the at-fault driver’s policy or having their UM/UIM offset.
Importantly, policyholders may opt out of this enhanced protection, but Mark and other consumer advocates strongly caution against doing so. The enhanced coverage provides vital protection against the financial fallout of a serious crash caused by a driver with little or no insurance.
Why SB 754 Matters
In the months since the law took effect, attorneys across Virginia have seen how SB 754 provides injured victims access to larger insurance recoveries, better enabling them to secure the compensation they need for medical care, lost income, and other damages.
This reform reflects Mark Obenshain’s dual commitment: as a trial lawyer fighting for injured clients in court, and as a legislator working to build a system that fairly serves victims of negligence. His advocacy for SB 754 underscores his dedication to ensuring that injured Virginians have meaningful access to justice, both through the legal process and through stronger insurance protections.
You can view Mark Obenshain’s presentation on SB 754 to the Virginia General Assembly here, and read more about the impact of SB 754 in this Virginia Lawyers Weekly article.
Mark Obenshain is a respected Virginia trial lawyer with more than 35 years of experience and a record of securing tens of millions of dollars for individuals and families harmed by the negligence of others. As a senior member of the Virginia State Senate, Mark continues to work for laws that protect the rights and safety of Virginians, and as Founder of Obenshain Law Group, continues to fight for injured victims and families following preventable accidents.