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Car accident claims

Virginia car accident claims

Virginia is not a no-fault state. You generally look to the at-fault driver. That is not the same thing as the shared-blame rule below.

A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published Virginia rules, not a ruling on your facts.

Last checked Sep 3, 2026 · LawyerUnc editorial. Educational only, not legal advice.

How long you have to file
Ordinary injury claims in Virginia often run 2 years (Va. Code § 8.01-243(A)). Tolling and discovery rules can change a date. Confirm the current statute.
If you share blame
If you are even slightly at fault, you may recover nothing. This is the harshest rule still on the books.
No-fault vs the other driver
Virginia is not a no-fault state. Optional medical-expense coverage is not a bar on suing the other driver. The daily weapon is contributory negligence, which can zero the lawsuit if you share any blame. (Va. Code (optional med-pay; no PIP lawsuit bar))
What usually matters
  • · Virginia ordinary injury clock: 2 years (Va. Code § 8.01-243).
  • · If you are even slightly at fault, you may recover nothing. This is the harshest rule still on the books.
What to save
Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.
Start hereHow long do I have to file?