A Virginia car accident claim is a request for payment from the driver, and the insurer, whose carelessness caused a crash. It covers medical bills, lost income, and the pain and disruption an injury brings, and Virginia law decides who pays, how much, and how long you have to ask.
Blank Kim Injury Law represents people hurt in crashes on I-66, the Capital Beltway, Route 50, Route 29 and the rest of Northern Virginia’s roads. We gather the evidence, deal with the insurance companies and, when a fair settlement is not offered, pursue the claim in court. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
What to do after a car accident in Virginia
The first days after a crash shape the claim that follows. If you are able to, take these steps:
- Call 911 if anyone is hurt, and ask for a police report. In Northern Virginia that may be the Fairfax County Police, a city or town police department, or the Virginia State Police on the interstates. Write down the officer’s name and the report number.
- Photograph the vehicles, the road, traffic signals and your injuries before anything is moved or repaired.
- Get the other driver’s name, license, plate number and insurance information, plus contact details for any witnesses.
- See a doctor promptly, even if you feel fine. Concussions and neck injuries can take hours or days to show symptoms.
- Report the crash to your own insurance company, as your policy requires.
- Be careful with the other driver’s insurer. You do not have to give them a recorded statement, and in Virginia a single remark about your own driving can be used to argue you were partly at fault.
- Keep every bill, receipt, repair estimate and note from work about missed time.
Then talk to a Virginia car accident lawyer before you sign a release or cash a settlement check. Once a release is signed, the claim is usually over.
Virginia’s contributory negligence rule
Most states reduce an injured person’s compensation by their share of the blame. Virginia does not. Under contributory negligence, if you are found even slightly at fault for the crash, you are generally barred from recovering anything from the other driver.
Only a handful of jurisdictions still follow this rule, and Virginia is one of them. Insurance adjusters are well aware of it. A remark that you glanced at your phone, were a few miles over the limit on I-66 or changed lanes quickly on the Beltway can become the reason a claim is denied outright.
The rule has limits. The last clear chance doctrine can allow recovery when the other driver had a final opportunity to avoid the crash and did not take it, and contributory negligence does not defeat a claim based on willful and wanton conduct. Whether either applies depends on the facts, which is why early evidence matters: the police report, photographs, witness accounts, traffic camera or dashcam video, and vehicle data can show how the crash really happened. Read more in our guide to Virginia contributory negligence.
Insurance that can pay after a Virginia crash
Several kinds of coverage can apply to the same accident, and knowing which are available affects how a claim is built. Virginia does not have personal injury protection (PIP) or no-fault insurance, so the at-fault driver’s liability coverage is usually the starting point.
- The at-fault driver’s liability insurance. Virginia sets minimum bodily injury liability limits by statute, in Va. Code § 46.2-472. Serious injuries often cost far more than those minimums.
- Uninsured and underinsured motorist coverage. Virginia auto policies must include uninsured and underinsured motorist coverage under Va. Code § 38.2-2206. When the other driver has no insurance, too little insurance, or leaves the scene, your own policy may pay. Read about claims against uninsured and hit-and-run drivers.
- Medical expense benefits. Many Virginia policies include optional medical payments coverage, which pays medical bills up to the policy amount regardless of fault. Read about medical payments coverage in Virginia.
- Other policies. A rideshare company’s insurance, an employer’s commercial policy or a vehicle owner’s policy can also apply, depending on who was driving and why.
Policy terms vary, and the minimums set by Virginia law change from time to time. Once we take your case, we review the actual policies involved.
Types of car accidents we handle
We represent drivers, passengers and others hurt in collisions across Northern Virginia, from I-66 and the Capital Beltway to Fairfax Boulevard, the Fairfax County Parkway, Route 7 through Tysons and Route 28 through Chantilly. Our cases include:
- Rear-end collisions, including chain-reaction crashes in stop-and-go I-66 and Beltway traffic
- T-bone and intersection crashes caused by drivers who run red lights or fail to yield
- Sideswipe and lane-change collisions, including merges at Express Lanes entrances
- Head-on and wrong-way collisions
- Hit-and-run crashes and collisions with uninsured drivers
- Crashes caused by drunk or impaired drivers
- Distracted driving crashes. Holding a handheld phone while driving is illegal in Virginia under Va. Code § 46.2-818.2.
- Crashes involving Uber and Lyft drivers and delivery drivers
Collisions with larger vehicles raise different questions about federal safety rules and commercial insurance. See our pages on truck accident claims, bus accidents and motorcycle crashes, and on injuries to pedestrians and bicycle riders.
Common injuries after a car crash
The force of a collision can cause injuries that are not obvious at the scene. The injuries we see most often in car accident claims include:
- Neck and back injuries, including whiplash and herniated discs
- Traumatic brain injuries, from concussions to more severe trauma
- Spinal cord injuries
- Broken bones and injuries that require surgery
- Burn injuries and scarring
- Emotional trauma, including anxiety about driving again
In Virginia, the fact that you were not wearing a seat belt generally cannot be used as evidence of your negligence or to reduce your damages, under Va. Code § 46.2-1094. When a crash takes someone’s life, their family may have a wrongful death claim under Virginia law.
What a car accident claim can include
Every claim is different, and no page can tell you what yours is worth. In general, a Virginia car accident claim can seek compensation for:
- Medical bills, both past and expected in the future
- Lost wages and reduced ability to earn a living
- Pain, suffering, inconvenience and the ways the injury has changed your daily life
- Vehicle repair or replacement and other property damage
Virginia does not cap compensatory damages in an ordinary car accident case. Punitive damages, which punish especially reckless conduct, are capped at $350,000 under Va. Code § 8.01-38.1. How serious the injuries are, how long treatment lasts, the insurance available and how clearly the evidence shows the other driver was at fault all affect a claim’s value. Past results in other cases do not predict the outcome of yours.
How long you have to file a car accident claim in Virginia
Virginia generally allows two years from the date of a car accident to file a personal injury lawsuit, under Va. Code § 8.01-243(A). That is shorter than in many states, and it is not the whole picture:
- Claims against a government, such as a crash with a county vehicle, a city bus or a state vehicle, can require written notice much sooner: six months for a Virginia county, city or town, and one year for the Commonwealth. See our guide to government claim notice in Virginia.
- Claims for someone who died, or for someone who was a minor at the time, follow different timing rules.
- Property damage claims have a separate, longer deadline.
- Insurance policies have their own notice requirements, and evidence such as video footage can be erased within days.
Do not assume you have time. If you were hurt in a crash, start a free case review so an attorney can look at the deadlines that apply to you.
Where Northern Virginia car accident cases are filed
Virginia has two levels of trial court for injury cases. Under Va. Code § 16.1-77, a general district court hears personal injury claims up to $50,000, without a jury. Larger claims, and claims where a jury trial is wanted, go to the circuit court.
Where a case is filed usually follows where the crash happened or where the defendant lives. For a crash in Fairfax County, that means the Fairfax County General District Court or the Fairfax County Circuit Court, both in the judicial center on Chain Bridge Road, a short walk from our Fairfax office. Crashes in Arlington, Alexandria, Prince William County and Loudoun County are heard in their own courts.
How our Virginia car accident lawyers handle your claim
- Free case review. Tell us what happened by phone or through the form on this page. There is no obligation to hire us.
- Investigation. We gather the police report, photographs, witness statements, video and vehicle data to show how the crash happened, with Virginia’s fault rule in mind from day one.
- Medical documentation. We collect your medical records and bills so the full extent of your injuries is on the record.
- Dealing with insurers. We handle communication with the insurance companies, including your own uninsured motorist carrier when it applies, and present a demand supported by the evidence.
- Litigation when needed. If the insurer will not make a fair offer, we can file suit in the right Virginia court and pursue the claim there.
You can talk with our team in English, Korean or Spanish.
