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.