Virginia car accident law: deadlines, fault and your claim

Filing deadlines in Virginia#

Virginia's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

For an injured child, Virginia law pauses the clock, a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary: if the injured person is a minor when the claim arises, they have the full limitation period after turning 18.

A notice of claimNotice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary 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.

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.

One narrow exception is the last clear chanceLast clear chance. An exception to contributory negligence. An injured person who was partly at fault may still recover if the other party saw, or should have seen, their danger and had the time and ability to avoid the harm but did not. Glossary 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 explains how those calls work. Try the fault-rule explainer 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 coverageMedical payments coverage (MedPay). Optional or required coverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income. Glossary. Optional (medical expense benefits).
• Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. 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 rightsReservation of rights. A letter in which an insurer says it will keep handling or defending a claim while keeping the right to deny coverage later, for example because of a possible breach of the policy. Glossary 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 explains what a crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary contains and how to ask for a correction.

Special rules in Virginia#

Punitive damages. Virginia caps punitive damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary 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 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 explains how these services work and what they usually cost.

Before you hire anyone, use the State Bar's Lawyer Look Up to confirm the license and see any disciplinary record.