By Serdar Arslan, editor · Last reviewed · How we research
Virginia follows pure contributory negligence, a judge-made rule with no general statute behind it: if you are found even slightly at fault, you generally cannot recover from the other driver. Leaving the scene of a crash with injury, death or more than $1,000 in damage is a felony, and drivers must stop and give their name, address, license and registration numbers to police and to the people involved.
Liability minimums rose to 50/100/25 for policies effective on or after January 1, 2025, and uninsured motorist coverage is required. Injury and wrongful death suits generally have 2 years, while vehicle damage claims get 5. Claims against a county, city or town need a written statement within 6 months; claims against the Commonwealth require notice within 1 year. Compensatory damages are not capped, but punitive damages are limited to $350,000 in total. Parties can request the police crash report from Virginia DMV for $8. In 2024, 917 people died in Virginia crashes.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years after the claim accrues, which in a crash case is usually the date of the accident Source: Va. Code § 8.01-243(A) |
|---|---|
| Property damage deadline | Generally 5 years for damage to your vehicle or other property Source: Va. Code § 8.01-243(B) |
| Wrongful death deadline | Generally 2 years from the date of death; the personal representative of the person who died brings the claim Source: Va. Code § 8.01-244(B) |
| Claims against a government entity | For claims against the Commonwealth or a transportation district, you generally must file a written notice of claim within 1 year after the claim accrues (to the Director of Risk Management or the Attorney General, or the Commissioner of Highways if VDOT is involved). For negligence claims against a county, city or town, you generally must file a written statement with the local attorney, chief executive or mayor within 6 months, describing the time and place of the injury. Source: Va. Code §§ 8.01-195.6, 15.2-209 |
| Fault rule | Contributory negligence: Virginia follows pure contributory negligence: if you are found even slightly at fault for the crash, you generally cannot recover damages from the other driver. Source: Virginia common law (judge-made rule; no general statute) |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $50,000 per person / $100,000 per accident bodily injury; $25,000 property damage Source: Va. Code § 46.2-472(B) |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on compensatory damages (medical bills, lost wages, pain and suffering) in car accident cases. Punitive damages are capped at $350,000 in total (Va. Code § 8.01-38.1). Medical malpractice has separate caps. |
| Reporting a crash | If a crash injures or kills someone or damages an attended vehicle or other attended property, you must stop right away and report your name, address, driver's license number and vehicle registration number to the State Police or local police, and to the other driver, injured person or property owner. Leaving the scene of a crash with injury, death or more than $1,000 in damage is a felony. Source: Va. Code § 46.2-894 |
Getting your crash report in Virginia
People involved in a crash (and their representatives, attorneys or insurers) can request the police crash report from Virginia DMV for $8 by mail, fax or in person. Include the crash date, time, location and your role in the crash. The fee is returned if no report is found. Official request page
Checking a Virginia lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Virginia State Bar – Lawyer Look Up
- Lawyer referral: Virginia State Bar – Virginia Lawyer Referral Service (VLRS) · 800-552-7977
917 people died in motor vehicle crashes in Virginia in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Can I recover anything if I was slightly at fault in Virginia?
Generally no. Virginia follows pure contributory negligence, so being found even slightly at fault usually bars recovery from the other driver. The rule comes from Virginia common law rather than a general statute.
›Is leaving the scene of a crash a felony in Virginia?
Yes, if the crash involved injury, death or more than $1,000 in damage (Va. Code § 46.2-894). You must stop right away and report your name, address, driver's license number and vehicle registration number to police and to the other driver, injured person or property owner.
›What notice do I need to give a Virginia city or county?
For negligence claims against a county, city or town, you generally must file a written statement with the local attorney, chief executive or mayor within 6 months, describing the time and place of the injury (Va. Code § 15.2-209). Claims against the Commonwealth generally require written notice within 1 year (§ 8.01-195.6).
›How long do I have to sue after a Virginia car accident?
Generally 2 years for personal injury (Va. Code § 8.01-243(A)) and 2 years from the date of death for wrongful death (§ 8.01-244(B)). Vehicle damage claims generally have 5 years (§ 8.01-243(B)).
›Is there a limit on punitive damages in Virginia?
Yes. Punitive damages are capped at $350,000 in total (Va. Code § 8.01-38.1). There is no general cap on compensatory damages such as medical bills, lost wages and pain and suffering.
Sources
- Va. Code § 8.01-243 (Virginia LIS)
- Va. Code § 8.01-244 (Virginia LIS)
- Va. Code § 8.01-195.6 (Virginia LIS)
- Va. Code § 15.2-209 (Virginia LIS)
- Va. Code § 8.01-38.1 (Virginia LIS)
- Va. Code § 46.2-472 (Virginia LIS)
- Va. Code § 38.2-2206 (Virginia LIS)
- Va. Code § 46.2-894 (Virginia LIS)
- Virginia DMV – Insurance requirements
- Virginia DMV – Request a police crash report
- Virginia State Bar – Virginia Lawyer Referral Service
- NHTSA FARS – State crashes and all victims