# Virginia car accident law: deadlines, fault and your claim

> Virginia car accident law: a 2-year injury deadline, contributory negligence that can bar any recovery, government notice rules and crash reports.

Canonical page: https://accidentclaimfacts.com/location/virginia/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Virginia you generally have 2 years from the crash to file a lawsuit for injuries, 5 years for damage to your vehicle, and 2 years from the date of death for a wrongful death claim. Virginia still uses contributory negligence: if your own negligence helped cause the crash, you generally recover nothing, even if you were only slightly at fault. Claims against a county, city or town need a written notice within 6 months.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 2 years |
| Vehicle damage deadline | 5 years |
| Wrongful death deadline | 2 years, from the date of death |
| Fault rule | Contributory negligence: any fault of yours that helped cause the crash can bar recovery |
| Notice to a government body | 6 months for a county, city or town; 1 year for the Commonwealth |
| Minimum liability insurance | $50,000 per person, $100,000 per crash, $25,000 property |
| Insurance system | At-fault (personal injury protection: Not required; optional medical expense and income loss benefits are available) |
| Traffic deaths in Virginia, 2024 | 917 people |
| Bar referral line | (800) 552-7977 |

## Filing deadlines in Virginia

Virginia's statute of limitations depends on what was harmed. Injury claims have 2 years, but claims for damage to a car or other property have 5 years. Settling the car damage early does not stop the shorter injury clock.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | Va. Code § 8.01-243(A) |
| Damage to your vehicle or other property | 5 years | Va. Code § 8.01-243(B) |
| Wrongful death | 2 years from the date of death | Va. Code § 8.01-244(B) |
| Negligence claim against a county, city or town | Written notice within 6 months | Va. Code § 15.2-209 |
| Claim against the Commonwealth | Notice of claim within 1 year | Va. Code § 8.01-195.6 |

For an injured child, Virginia law pauses the clock, a form of tolling: if the injured person is a minor when the claim arises, they have the full limitation period after turning 18.

A notice of claim to a county, city or town goes to its attorney, chief executive or mayor. It must state the nature of the claim and the time and place of the injury. A missing notice does not bar the claim if one of those officials had actual knowledge of it within the notice period. Claims against the Commonwealth go to the Director of the Division of Risk Management or the Attorney General, or to the Commissioner of Highways when the Virginia Department of Transportation is involved.

> **Warning:** Talks with an insurance company do not pause any of these deadlines. If a claim is still open as the deadline approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Virginia

Most states compare fault and reduce your damages by your share. Virginia does not. Virginia keeps pure contributory negligence: if your own negligence helped cause the crash, you generally recover nothing, even if you were only slightly at fault. The Supreme Court of Virginia applied this all-or-nothing rule in Williams v. Harrison, Record No. 970880 (Va. Feb. 27, 1998) and held that it can also be raised against a wrongful death claim based on negligence.

The key question is cause. Carelessness only bars your claim if it was a proximate cause of the crash, meaning one of its real causes. If it was only a remote cause, it does not bar recovery.

> **Example:** A driver runs a red light and hits you while you are going a few miles over the speed limit. If a jury decides your speed played no part in the crash, your claim is not barred. If it decides your speed was one of the causes, even a small one, you generally recover nothing. In a state with comparative fault, the same finding would only reduce your damages.

One narrow exception is the last clear chance doctrine: it can apply to an injured person who could not get out of danger (the helpless plaintiff) or was unaware of it (the inattentive plaintiff). It does not replace the contributory negligence rule, and the injured person has to prove each part of it.

Because a small share of fault can end a Virginia claim, adjusters often ask detailed questions about what you did before the crash. The [recorded statement guide](https://accidentclaimfacts.com/claim-process/recorded-statement/) explains how those calls work. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=va&fault=20#fault) to compare Virginia with states that share fault.

## Insurance in Virginia

For policies effective on or after January 1, 2025, Virginia drivers must carry at least $50,000 per person and $100,000 per crash for injuries, plus $25,000 for property damage. Policies that took effect from 2022 through 2024 had lower minimums of $30,000, $60,000 and $20,000.

Virginia is an at-fault state, so the at-fault driver's liability insurance pays for the losses that driver caused. Your own policy can add more:

- **Personal injury protection.** Not required; optional medical expense and income loss benefits are available.
- **Medical payments coverage.** Optional (medical expense benefits).
- **Uninsured motorist coverage.** Required: equal to your liability limits unless you reject the extra amount (never below the state liability minimums).
- **Underinsured motorist coverage.** Required: limits equal to your uninsured motorist limits.

The Insurance Information Institute estimates that 12.9% of Virginia drivers were uninsured in 2023. The regulator is the Virginia State Corporation Commission, Bureau of Insurance: 877-310-6560 (toll-free); 804-371-9185 (property and casualty consumer services).

Virginia also protects people with claims against an at-fault driver whose insurer questions its own coverage. If that insurer sends its customer a reservation of rights letter, it must notify you or your lawyer within 45 days. If it misses that deadline, the insurer waives that coverage defense, to the extent of the claim.

## After a crash in Virginia

Under Virginia law, the driver must stop and report their name, address, license number and vehicle registration number at once to the State Police or local police when anyone is killed or injured or an attended vehicle or property is damaged. The driver must also give reasonable help to anyone hurt, including taking them for medical treatment when treatment appears to be needed or is requested.

An officer who investigates a crash with an injury, a death or apparent property damage of $3,000 or more must send a written report to the DMV within 24 hours after completing the investigation. To get a copy, request it from the Virginia DMV in writing or on form CRD 93, by mail, fax or in person; DMV releases the full report to people involved in the crash and their authorized representatives. The fee is $8 per report. The [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains what a crash report contains and how to ask for a correction.

## Special rules in Virginia

**Punitive damages.** Virginia caps punitive damages at $350,000 in total, and a judge must reduce any larger award to that amount.

**Drunk drivers.** A jury may award punitive damages against a driver whose blood alcohol concentration was 0.15% or more, if the driver knew or should have known their driving would be impaired and the intoxication was a proximate cause of the injury. The [drunk driver accidents guide](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/) covers these claims in more detail.

**Seat belts.** Under Virginia law, not wearing a seat belt is not negligence, cannot reduce damages and cannot be put in evidence or commented on in a crash lawsuit. So a missing seat belt is not treated as contributory negligence.

**Claims against the Commonwealth.** The Virginia Tort Claims Act caps what a claimant can recover at $100,000, or the limits of any liability policy covering the claim if those are higher. Punitive damages are not available against the Commonwealth.

## Crashes on Virginia roads

The Insurance Institute for Highway Safety counted 917 crash deaths in Virginia in 2024, or 10.4 per 100,000 people, compared with 11.5 per 100,000 people nationally. In the same year, 50% of those deaths happened on rural roads, and 31% were speeding-related. An estimated 30% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08% or higher.

## Finding a lawyer in Virginia

The Virginia Lawyer Referral Service (VLRS), a Virginia State Bar program, takes calls at (800) 552-7977 and requests online. It charges a $35 non-refundable referral fee, which covers a first consultation of up to 30 minutes with a lawyer on its panel. The guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how these services work and what they usually cost.

Before you hire anyone, use the State Bar's [Lawyer Look Up](https://vsb.org/Shared_Content/Directory/va-lawyer-directory.aspx) to confirm the license and see any disciplinary record.

## FAQ

### What is the statute of limitations for a car accident in Virginia?

Generally 2 years from the crash for injuries and 5 years for vehicle damage. A wrongful death claim must be filed within 2 years from the date of death. Claims against a county, city or town also need a written notice within 6 months.

### Is Virginia a no-fault state?

No. Virginia is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Personal injury protection is not required, but optional medical expense and income loss benefits can be bought.

### Can I recover if I was partly at fault in Virginia?

Generally not. Under contributory negligence, if your own negligence was a proximate cause of the crash, you recover nothing, however small your share. Narrow exceptions such as last clear chance can apply in some cases.

### What is the last clear chance rule in Virginia?

It is an exception that can let a careless injured person recover anyway. Virginia's Supreme Court has said it applies in two situations: a helpless plaintiff who could not get out of danger, and an inattentive plaintiff who was unaware of it.

### How do I get a police crash report in Virginia?

Ask the Virginia DMV in writing or on form CRD 93, by mail, fax or in person. The fee is $8 per report, and DMV releases complete reports to people involved in the crash and their authorized representatives.

## Sources

- [Code of Virginia, Title 8.01 chapter 4](https://law.lis.virginia.gov/vacode/title8.01/chapter4/) — limitations periods and tolling
- [Code of Virginia, Title 46.2 chapter 8](https://law.lis.virginia.gov/vacode/title46.2/chapter8/) — duties of drivers after a crash
- [Code of Virginia, Virginia Tort Claims Act](https://law.lis.virginia.gov/vacode/title8.01/chapter3/article18.1/) — claims against the Commonwealth
- [Virginia General Assembly, Code of Virginia § 8.01-243](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/), checked October 29, 2026
- [Virginia General Assembly, Code of Virginia § 8.01-244](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/), checked October 29, 2026
- [Code of Virginia, § 15.2-209](https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/), checked October 29, 2026
- [Code of Virginia, § 8.01-195.6](https://law.lis.virginia.gov/vacode/title8.01/chapter3/article18.1/section8.01-195.6/), checked October 29, 2026
- [Virginia Department of Motor Vehicles, Insurance Requirements](https://www.dmv.virginia.gov/vehicles/insurance-requirements), checked October 29, 2026
- [Virginia State Bar, Virginia Lawyer Referral Service](https://www.vsb.org/Site/Site/legal-help/vlrs.aspx), checked October 29, 2026
- [Code of Virginia, § 8.01-229(A)(1)](https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/), checked October 29, 2026
- [Supreme Court of Virginia, Williams v. Harrison, Record No. 970880 (1998)](https://ebrief.courts.state.va.us/opinions/opnscvwp/1970880.pdf), checked October 29, 2026
- [Code of Virginia, § 38.2-2226](https://law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2226/), checked October 29, 2026
- [Code of Virginia, § 46.2-894](https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-894/), checked October 29, 2026
- [Code of Virginia, § 46.2-373](https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-373/), checked October 29, 2026
- [Virginia Department of Motor Vehicles, Request a Police Crash Report](https://www.dmv.virginia.gov/records/request-police-crash-report), checked October 29, 2026
- [Code of Virginia, § 8.01-38.1](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38.1/), checked October 29, 2026
- [Code of Virginia, § 8.01-44.5](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-44.5/), checked October 29, 2026
- [Code of Virginia, § 46.2-1094(D)](https://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1094/), checked October 29, 2026
- [Code of Virginia, § 8.01-195.3](https://law.lis.virginia.gov/vacode/title8.01/chapter3/article18.1/section8.01-195.3/), checked October 29, 2026
- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 28, 2026
- [Virginia State Corporation Commission Bureau of Insurance, Virginia Auto Insurance Consumer Guide](https://www.scc.virginia.gov/consumers/insurance/property-casualty-consumer/virginia-auto-insurance-guide/), checked October 28, 2026
- [Virginia General Assembly, Code of Virginia 38.2-2206](https://law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2206/), checked October 28, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [Virginia State Corporation Commission, Automobile Insurance](https://www.scc.virginia.gov/consumers/insurance/property-casualty-consumer/automobile-insurance/), checked October 28, 2026
- [Virginia State Corporation Commission, File an Insurance Complaint](https://www.scc.virginia.gov/consumers/insurance/file-an-insurance-complaint/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026