Car Accident Litigation in Virginia

For personal injury, Virginia Code § 8.01-243(A) gives you two years from the date of the accident. For damage to your vehicle or other property only, the deadline is five years under § 8.01-243(B). If the crash killed someone, the deceased person's personal representative has two years from the date of death to file a wrongful death lawsuit under Virginia Code § 8.01-244(B).

Virginia follows the pure contributory negligence doctrine, which means that if a court or jury finds you were even slightly at fault for the accident, you may be completely barred from recovering any damages. This is one of the strictest standards in the country — most states allow partial recovery when the plaintiff shares some blame. There is a narrow exception called the 'last clear chance' doctrine that may permit recovery in some cases where the other driver had the final opportunity to avoid the crash.

Virginia law requires every auto insurance policy to include uninsured motorist coverage under Virginia Code § 38.2-2206. That coverage can pay your medical bills and other damages when the at-fault driver carries no insurance or flees the scene. As of January 1, 2025, the minimum uninsured motorist coverage limits match the new minimum liability limits: $50,000 per person and $100,000 per accident for bodily injury.

Claims against the Commonwealth of Virginia or one of its agencies follow special rules. Under Virginia Code § 8.01-195.6, you must file a written notice of claim within one year of the accident with the Virginia Division of Risk Management or the Attorney General. After filing that notice, you then have 18 months to file the lawsuit itself under Virginia Code § 8.01-195.7. Missing the one-year notice deadline permanently bars the entire claim.

In a successful claim you may be able to recover the cost of medical treatment (past and future), repair or replacement of your vehicle, lost wages, and compensation for pain and suffering. If the at-fault driver was intoxicated with a blood alcohol concentration of 0.15 percent or higher, Virginia Code § 8.01-44.5 also allows a court to award punitive damages as an additional penalty.

Virginia Code § 46.2-371 requires a driver to immediately notify law enforcement when an accident results in injury or death. Virginia Code § 46.2-894 separately requires every driver involved in an accident to stop, remain at the scene, and provide their name, address, license number, and insurance information to police and other involved parties. Leaving the scene of an accident that caused injury or death is a felony under Virginia law.

Effective January 1, 2025, Virginia Code § 46.2-472(B) requires drivers to carry at least $50,000 in bodily injury coverage per person injured, $100,000 per accident when two or more people are injured, and $25,000 for property damage. Every policy must also include uninsured and underinsured motorist coverage at those same limits under Virginia Code § 38.2-2206.