Virginia Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in Virginia

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: After any crash where someone is hurt or killed, or an attended car or other attended property is damaged, you must stop and right away give your name, address, driver's license number and registration number to the State Police or local police, or to the injured person, the other driver or an occupant, or the property owner. If you were hurt and could not, report to police as soon as reasonably possible. Leaving without doing this is a crime: a felony if anyone is hurt or killed or property damage is over $1,000, otherwise a misdemeanor.
Report to the state: No required driver report to the DMV. A police officer who investigates a crash with injury, death or apparent property damage of $3,000 or more sends a written report to the DMV within 24 hours after finishing the investigation. You may file your own written report with the DMV on its form (for example, if you think the other car was uninsured).
Law: Va. Code §§ 46.2-894, 46.2-373, 46.2-372
Official text: Read the official text

First 24 hours after a crash in Virginia

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Virginia

Virginia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System: Fault (tort)
PIP, benefits and when you can sue: No PIP is required. The at-fault driver's liability insurance pays for injuries and damage they cause. Medical expense and loss of income benefits coverage is optional and pays your medical and funeral costs even if you caused the crash (SCC Bureau of Insurance guide).
Law: Va. Code § 46.2-472; SCC Bureau of Insurance, Virginia Auto Insurance Guide
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Virginia

Rule: Contributory negligence
What it means: In Virginia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.
Law: Common law, confirmed by the SCC Bureau of Insurance guide: 'Virginia is a contributory negligence state' — if you are responsible for the crash in any way, you could be barred from recovering from the other party

Compare every state's rule in the comparative negligence table.

Who pays in Virginia: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Virginia

Liability minimum: 50/100/25 (policies effective on or after January 1, 2025; 30/60/20 before that)
Uninsured / underinsured motorist (UM/UIM): Required. Every policy must include uninsured motorist coverage (bodily injury and property damage) at least equal to the minimum limits; UM limits equal your liability limits unless a named insured rejects the extra amount. Underinsured motorist coverage is included at limits equal to UM (Va. Code § 38.2-2206). For damage by an unidentified hit-and-run driver you pay the first $200 (SCC).
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Virginia

If you were involved (driver, injured person, owner, or their attorney, insurer or family representative), request the police crash report from the Virginia DMV with a written request or the DMV Information Request Form, checking 'Police Crash Report'. Send it by mail (Customer Records Work Center, Room 514, P.O. Box 27412, Richmond, VA 23269), by fax (804-367-0390) or in person at a customer service center. The fee is $8 per report, refunded if no report is found. DMV keeps reports at least 36 months. Official page: https://www.dmv.virginia.gov/records/request-police-crash-report

No confirmed online way to order a report in Virginia? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Virginia

How fast insurers must act: Under the SCC's claim rules (14VAC5-400), an insurer must acknowledge a claim within 15 calendar days (14VAC5-400-50). For your own (first-party) claim, it must accept or deny within 15 calendar days after getting a proper proof of loss, or tell you why it needs more time; if the investigation isn't done, it must send written status notices every 45 days (14VAC5-400-60). Denials must be in writing with reasons (14VAC5-400-70). Va. Code § 38.2-510 lists unfair claim settlement practices.
Diminished value: The SCC Bureau of Insurance says Virginia law is silent on diminished value and sets no method to calculate it. Insurers usually consider each claim on its own merits and pay diminished value when the investigation supports it, and should consider any credible evidence you provide.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 15 calendar days for Virginia where our data gives a day count.

If the other driver has no insurance in Virginia

Since July 1, 2024, every car registered in Virginia must be insured; the old option to pay a $500 Uninsured Motor Vehicle fee instead is gone (Virginia DMV). Driving an uninsured car is a Class 3 misdemeanor (Va. Code § 46.2-707). If you can't show insurance when the DMV asks, it suspends your license, registrations and plates until you pay a $600 noncompliance fee and file proof of future financial responsibility (SR-22) for three years (Va. Code § 46.2-706; DMV). If an uninsured or hit-and-run driver injures you or damages your car, you claim under your own required uninsured motorist coverage.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Virginia

Property damage (your car): 5 years
Injury: 2 years
Notes, including claims against a government: Claims against the Commonwealth or a transportation district: file a written notice of claim within 1 year (Va. Code § 8.01-195.6). Negligence claims against a county, city or town: file a written notice within 6 months (Va. Code § 15.2-209). Small claims court cannot hear suits against the Commonwealth or state employees over their official duties.
Law: Va. Code § 8.01-243(A) (personal injury, 2 years) and (B) (injury to property, 5 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Virginia

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Virginia

Small claims limit: $5,000 in General District Court small claims; bigger claims up to $50,000 go on the regular General District Court docket.

Virginia small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Virginia

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

Virginia State Corporation Commission, Bureau of Insurance (Property and Casualty Consumer Services) · 1-877-310-6560

Free help in Virginia

Good to know in Virginia

Virginia is one of the few contributory negligence states: if you share any fault, you may recover nothing from the other driver (SCC Bureau of Insurance).
You have 5 years to sue for car damage but only 2 years for injuries (Va. Code § 8.01-243).
The Bureau of Insurance warns that AI tools often give wrong information about Virginia insurance law and asks consumers to verify with reliable sources.

Changes in 2024–2026

July 1, 2024: the Uninsured Motor Vehicle fee option ended; all registered vehicles must carry insurance (Virginia DMV). January 1, 2025: minimum liability limits rose from 30/60/20 to 50/100/25 (Va. Code § 46.2-472; DMV).

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in Virginia

When do you have to report a car accident in Virginia?

After any crash where someone is hurt or killed, or an attended car or other attended property is damaged, you must stop and right away give your name, address, driver's license number and registration number to the State Police or local police, or to the injured person, the other driver or an occupant, or the property owner. If you were hurt and could not, report to police as soon as reasonably possible. Leaving without doing this is a crime: a felony if anyone is hurt or killed or property damage is over $1,000, otherwise a misdemeanor. No required driver report to the DMV. A police officer who investigates a crash with injury, death or apparent property damage of $3,000 or more sends a written report to the DMV within 24 hours after finishing the investigation. You may file your own written report with the DMV on its form (for example, if you think the other car was uninsured).

Is Virginia a no-fault state?

No. Virginia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in Virginia?

In Virginia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.

What is the minimum car insurance in Virginia?

50/100/25 (policies effective on or after January 1, 2025; 30/60/20 before that) Required.

How long do you have to sue after a car accident in Virginia?

5 years for property damage and 2 years for injury (Va. Code § 8.01-243(A) (personal injury, 2 years) and (B) (injury to property, 5 years)).

How do I get a police report in Virginia?

If you were involved (driver, injured person, owner, or their attorney, insurer or family representative), request the police crash report from the Virginia DMV with a written request or the DMV Information Request Form, checking 'Police Crash Report'. Send it by mail (Customer Records Work Center, Room 514, P.O. Box 27412, Richmond, VA 23269), by fax (804-367-0390) or in person at a customer service center. The fee is $8 per report, refunded if no report is found. DMV keeps reports at least 36 months. Official page: https://www.dmv.virginia.gov/records/request-police-crash-report

What if the other driver has no insurance in Virginia?

Since July 1, 2024, every car registered in Virginia must be insured; the old option to pay a $500 Uninsured Motor Vehicle fee instead is gone (Virginia DMV). Driving an uninsured car is a Class 3 misdemeanor (Va. Code § 46.2-707). If you can't show insurance when the DMV asks, it suspends your license, registrations and plates until you pay a $600 noncompliance fee and file proof of future financial responsibility (SR-22) for three years (Va. Code § 46.2-706; DMV). If an uninsured or hit-and-run driver injures you or damages your car, you claim under your own required uninsured motorist coverage.

Where can I complain about a car insurance company in Virginia?

Virginia State Corporation Commission, Bureau of Insurance (Property and Casualty Consumer Services): https://www.scc.virginia.gov/consumers/insurance/file-an-insurance-complaint/ · 1-877-310-6560

Sources

Last checked: Oct 24, 2026.

Car accidents in Virginia: what to do and who pays