Virginia · Comparative fault · Updated Oct 2026

Comparative fault in Virginia: who pays when both drivers share the blame

How contributory negligence works in Virginia, the law behind it and how insurers apply it.

Short answer

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.

Rule
Contributory negligence
You recover nothing at
Any fault (1% or more)
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
Insurance system
Fault (tort)

Insurance and small claims in Virginia

No PIP is required. The at-fault driver's liability insurance pays for injuries and damage they cause.

Small claims limit for car damage in Virginia: $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

How fast an insurer must handle a claim in Virginia

  • 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.

More facts for 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).

If the insurer says you were partly at fault

  1. Get the police report. 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'. Reporting a crash in Virginia and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Virginia State Corporation Commission, Bureau of Insurance (Property and Casualty Consumer Services).
  4. Sue before the deadline: 5 years for property damage and 2 years for injury. Deadlines to sue in Virginia, with the calculator

Who pays in Virginia: fault and payout explainer

Contributory negligenceIn 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.

Free help in Virginia

Questions about comparative fault in Virginia

Is Virginia a comparative negligence state?

No. Virginia uses contributory negligence. 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.

Where can I complain if an insurer blames me unfairly 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

How fast must an insurer handle a car insurance claim in Virginia?

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).

How do I get 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

More for Virginia drivers

Nearby states

Sources

Last checked: Oct 24, 2026.