What to do after a car accident in Virginia
Every rule below is quoted from Virginia law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Virginia is an at-fault state. Every registered vehicle must carry liability insurance that pays for injuries and damage the driver causes. A driver in a crash that injures or kills someone must call a law enforcement officer to the scene right away. There is no dollar threshold for this duty, it applies whenever someone is hurt or killed. You have two years from the crash to sue for your injuries.
Deadlines in Virginia
- 2 years
- to sue for injuriesVa. Code § 8.01-243(A)
- 5 years
- to sue for car or property damageVa. Code § 8.01-243(B)
- 2 years
- for a family to sue after a deathVa. Code § 8.01-244(B)
- 1 year
- to notify the government if a public vehicle or road was involvedVa. Code § 8.01-195.6(A)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver in a crash that hurts or kills someone, or damages an attended vehicle or property, must stop immediately, give their name, address, license number and vehicle registration to police, and help anyone who is hurt, including getting them medical care if needed.
“The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene”
When you must call the police
A driver in a crash that injures or kills someone must call a law enforcement officer to the scene right away. There is no dollar threshold for this duty, it applies whenever someone is hurt or killed.
“The driver of any vehicle involved in any accident resulting in injury to or death of any person...shall immediately give notice of the accident to a law-enforcement officer”
Moving your car out of traffic
If a crash does not cause injury or death and the vehicle can be driven, the driver must move it out of the roadway onto the shoulder as soon as it is safe, to keep traffic flowing.
“the driver shall move the vehicle from the roadway to prevent obstructing the regular flow of traffic”
In the days after
Whether you must file a report yourself
If a police officer investigates a crash that injured or killed someone, or caused $3,000 or more in damage, the officer must send a written report to the DMV within 24 hours. If no officer investigates, a driver may file their own written report with the DMV, but it is not required by this section.
“Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $3,000 or more...shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the Department”
Getting a copy of the crash report
The DMV, not the State Police, keeps Virginia's official crash reports. You request one from the DMV with a written request or an Information Request Form and an $8 fee per report, mailed back by first class mail.
“To request a crash report, submit either a written request or a completed Information Request Form, along with your payment. The fee is $8 per crash report requested. DMV will return your fee if we do not find a report.”
Who pays for the damage
Virginia is an at-fault state. Every registered vehicle must carry liability insurance that pays for injuries and damage the driver causes.
“$50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident”
Insurance rules in Virginia
What insurance every driver must carry
The minimum liability limits are $50,000 for one injured person, $100,000 for two or more people injured or killed in one crash, and $25,000 for property damage.
“$50,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of $100,000 because of bodily injury to or death of two or more persons in any one accident...$25,000 because of injury to or destruction of property of others in any one accident”
Personal injury protection (PIP)
Virginia does not require drivers to carry personal injury protection. Medical expense coverage, similar to PIP, is optional and insurers only have to offer it if you ask for it.
“Upon request of an insured, each insurer licensed in this Commonwealth issuing or delivering any policy or contract of bodily injury or property damage liability insurance...shall provide on payment of the premium, as a minimum coverage”
If the other driver has no insurance
Insurers must include uninsured and underinsured motorist coverage on every liability policy, matching the driver's liability limits.
“no policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle shall be issued or delivered in this Commonwealth...unless it contains an endorsement or provisions undertaking to pay the insured all sums that he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle”
Medical payments coverage
Virginia does not require medical payments coverage. Insurers only have to offer it if the driver asks for it, with a minimum benefit of $2,000 per person.
“Upon request of an insured, each insurer licensed in this Commonwealth issuing or delivering any policy or contract of bodily injury or property damage liability insurance...shall provide on payment of the premium, as a minimum coverage”
If an insurance company treats you unfairly
You can file an insurance complaint with Virginia's State Corporation Commission Bureau of Insurance through its online Insurance Complaint Portal, or by mailing or faxing a paper form if you cannot use the portal.
“Use our Insurance Complaint Portal to submit your complaint. Set up an account using a valid email address and create a password.”
The deadline rules, word for word
Deadline to sue for injuries
You have two years from the crash to sue for your injuries.
“every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues”
Deadline to sue for car damage
You have five years to sue over damage to your vehicle or other property from a crash.
“Every action for injury to property...shall be brought within five years after the cause of action accrues”
Deadline for a wrongful death claim
A wrongful death lawsuit must be filed within two years of the death.
“Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person”
If a government vehicle or road was involved
If a state agency or a state owned vehicle was involved, you must file a written notice of claim within one year of the crash or you lose the right to sue. Virginia no longer has a special short notice deadline for suing a city or town, that requirement was repealed in 2007, so the normal two year injury deadline applies to local government crashes.
“Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Va. Code § 46.2-472(B)(3)
- Va. Code § 38.2-2201
- Va. Code § 8.01-58
- Va. Code § 8.01-243(A)
- Va. Code § 8.01-244(B)
- Va. Code § 8.01-195.6(A)
- Va. Code § 46.2-371
- Va. Code § 46.2-373
- Va. Code § 38.2-2206
- Va. Code § 46.2-894
- Va. Code § 46.2-888
- Virginia DMV, Request a Police Crash Report
- Virginia State Corporation Commission, Bureau of Insurance
- Va. Sup. Ct. R. Pt. 6, Sec. II, Rule 1.5(c)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.