Car accident claims: what to do next in Virginia

Who pays: the driver at fault

Virginia is an at-fault state, and it has no personal injury protection, or PIP, requirement. A driver who is at fault for a crash may have to pay for the other people's car damage, medical bills, lost wages and pain and suffering. Their insurance pays up to its limits.

Medical expense coverage is optional in Virginia. Insurers must provide it if you ask, with up to $2,000 per person for medical costs and up to $100 a week for lost income, for up to one year. It pays even if you caused the crash.

Source: Code of Virginia § 38.2-2201: Medical expense and income benefits · as of Oct 5, 2026

Claiming against the other driver

You do not have to pass an injury test before you claim against the driver who caused the crash. You can ask for medical bills, lost wages and pain and suffering. The hard part is fault, because of the strict rule below.

How fault is shared

Virginia uses contributory negligence (a rule that bars your claim if your own carelessness helped cause your injury). The state's top court calls it an absolute bar when it is proven. The other side must prove it. The test is what a careful, reasonable person would have done.

There is an exception called last clear chance. If the other driver had the last clear chance to avoid the crash, you may still recover even though you were careless too. It applies only in narrow cases. You must have been unable to escape the danger, or unaware of it, and the other driver must have had time to see you and avoid the crash.

Coverage drivers must carry

For policies that took effect on or after January 1, 2025, Virginia requires at least $50,000 per person and $100,000 per crash for injuries you cause, plus $25,000 for property damage. Policies that took effect from 2022 through 2024 had lower limits of $30,000 per person.

Source: Code of Virginia § 46.2-472: Owner's policy coverage · as of Oct 5, 2026

Source: Code of Virginia § 46.2-472: Owner's policy coverage · as of Oct 5, 2026

Every policy must also include uninsured and underinsured motorist coverage, at least at those amounts. It helps when the other driver has too little insurance or none. Since July 1, 2024, Virginia no longer lets drivers pay a fee instead of buying insurance, and driving without it is a crime.

Reporting the crash

If anyone is hurt or killed, the driver or someone acting for the driver must tell the police right away. After a crash with an injury, a death or damage to a car or other property with someone there, the driver must stop. They must share their name, address, license and plate details. If you hit a parked car and cannot find the owner, leave a note. Then report it in writing to the police within 24 hours.

Virginia drivers may send a written crash report to the DMV, but they do not have to. Police who look into a crash with an injury, a death or damage that looks like $3,000 or more must send a report to the DMV. It is due within 24 hours after they finish.

Source: Code of Virginia § 46.2-373: Police crash reports · as of Oct 5, 2026

Deadlines

Most Virginia injury lawsuits must be filed within 2 years, counted from the day you were hurt. A claim for a death must be brought by the estate's representative within 2 years of the death. Claims for damage to your car have 5 years.

Virginia's strict fault rule and its 2-year limit make the details of a crash matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.