Virginia follows contributory negligence, one of the strictest fault rules in the US. Northern Virginia's I-95, I-66 and I-495 are among the most congested roads in the country, and I-81 in the Shenandoah Valley carries heavy truck traffic. Strong evidence about fault is especially important here.
Is Virginia a no-fault state?
No — Virginia is an at-fault state. Virginia is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
Virginia does not require PIP. Medical payments coverage is optional.
Learn more in our guide to what a no-fault state is.
How does shared fault work in Virginia?
Virginia follows contributory negligence, one of the strictest rules in the US. If you are found even slightly at fault, you may be barred from recovering from the other driver, although there are exceptions — which is why an attorney's review matters here.
In Virginia, an insurer may deny a claim by arguing you were even 1% responsible — for example, by saying you were slightly over the speed limit or looked away for a moment. Exceptions such as the "last clear chance" doctrine can sometimes apply, which is why an attorney's review is especially valuable in Virginia.
Read more: what comparative fault means.
How long do I have to file a car accident claim in Virginia?
In Virginia, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of Virginia often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are Virginia's minimum car insurance requirements?
Virginia requires drivers to carry at least $50,000 per person / $100,000 per accident for bodily injury, and $25,000 for property damage. Virginia raised its minimums to 50/100/25 for policies effective on or after January 1, 2025, and ended the option to pay an uninsured motor vehicle fee instead of buying insurance in 2024.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in Virginia?
Get safe, get medical care and protect your evidence. These steps apply anywhere in Virginia:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-95 or I-64.
- Call the police and ask how to get the crash report. Virginia generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent Virginia attorney before signing any release, keeping the two years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in Virginia?
Crashes happen everywhere, but traffic is heaviest in and around Virginia Beach, Chesapeake, Norfolk, Richmond, Arlington, Alexandria and Newport News. Major routes include I-95, I-64, I-81, I-66, I-495 and I-264. Our attorney-matching service covers every county in Virginia.