Car Accident Laws in Virginia

Car accidents in Virginia can happen anywhere, from the busy Beltway near Washington, D.C., to rural routes in the Shenandoah Valley. If you’re hurt in a crash, knowing your rights and the state’s car accident laws is the first step toward protecting your health and your finances. This guide will help you understand how Virginia handles fault, deadlines, insurance rules, rideshare claims, and what happens if the at-fault driver is uninsured.

Virginia Is an At-Fault State

Virginia follows a fault-based system for car accidents. This means the person who causes the crash is legally responsible for paying damages. As an accident victim, you have several options for seeking compensation:

• File a claim with the at-fault driver’s insurance company
• File a claim with your own insurer (if you carry applicable coverage)
• File a personal injury lawsuit against the at-fault party

However, Virginia’s unique rules on fault make it especially important to proceed carefully.

Virginia’s Contributory Negligence Rule

Virginia uses the pure contributory negligence doctrine. This is one of the strictest rules in the country. Under this rule, if you are found to be even 1% at fault for the crash, you cannot recover any compensation.

Because of this harsh rule, insurance companies may try to shift even a small portion of blame to you. Having legal support is often essential in these cases.

Minimum Auto Insurance Requirements in Virginia

To drive legally in Virginia, you must carry minimum liability insurance of:

• $30,000 for bodily injury per person
• $60,000 for bodily injury per accident
• $20,000 for property damage

Alternatively, drivers can pay a $500 uninsured motor vehicle fee to register and operate an uninsured vehicle. However, this does not provide insurance coverage—just the legal ability to drive without it.

Statute of Limitations for Car Accident Lawsuits

In Virginia, the statute of limitations for personal injury and property damage claims from a car accident is:

• 2 years from the date of injury for personal injury lawsuits
• 5 years from the date of the crash for property damage claims

For wrongful death cases, survivors have 2 years from the date of the person’s death to file a claim.

Failing to file within the legal timeframe could permanently block your right to seek compensation.

When Must You Report an Accident?

Virginia law requires drivers to report a crash if:

• Someone is injured or killed
• There is property damage of $1,500 or more
• The accident involves a hit-and-run or unattended vehicle

Call 911 to have law enforcement respond to the scene. Officers will generate an official police report, which can be critical for filing a claim.

Personal Injury Law in Virginia

Virginia’s personal injury laws allow accident victims to pursue compensation when another party’s negligence causes them harm. Common cases include:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Premises liability (slip and fall)
• Defective product injuries

There is no cap on the amount of compensation you can recover in a car accident case, although punitive damages (awarded in cases of willful misconduct) are capped at $350,000.

Damages Available in a Virginia Car Accident Claim

In a successful personal injury claim, you may recover compensation for:

• Hospital bills and ongoing medical care
• Lost income and loss of future earnings
• Pain and suffering
• Emotional distress
• Property damage
• Long-term disability or disfigurement

Your total compensation depends on the severity of your injuries and whether the other party has adequate insurance.

Rideshare Accidents in Virginia

Uber and Lyft operate widely throughout Virginia, including Richmond, Norfolk, and Northern Virginia. If you’re involved in a rideshare accident, insurance coverage depends on the driver’s activity at the time of the crash:

• App on, no passenger yet: Up to $50,000 per person, $100,000 per accident, and $25,000 for property damage
• Passenger accepted or onboard: Up to $1 million in liability coverage

Whether you were a passenger or struck by a rideshare vehicle, you may be able to file a claim under these policies.

What If the At-Fault Driver Is Uninsured?

If the driver who caused your crash has no insurance, your uninsured motorist (UM) coverage can help pay for your losses. Virginia requires insurance companies to offer UM/UIM coverage, and most drivers carry it.

This coverage is also available in hit-and-run cases, which are treated as accidents involving uninsured motorists.

Should You Hire a Lawyer After a Virginia Car Accident?

Because of Virginia’s contributory negligence rule, even a small misstep can cost you your case. An experienced car accident attorney can gather evidence, defend you from blame, and help secure the compensation you deserve.

Most personal injury lawyers offer free consultations and only get paid if you win.