Do I need a lawyer 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.
The short answer
We can't tell you whether you need a lawyer. We can show you the Virginia rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Virginia uses contributory negligence, one of the strictest fault rules in the country. If you are even slightly at fault for the crash, you cannot recover any money from the other driver, unless a narrow exception like last clear chance applies.
“the fact that such employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee”
How long you have
- 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)
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”
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 Virginia no longer has a special short notice deadline for suing a city or town, that requirement was repealed in 2007, so the normal two year injury deadline applies to local government crashes.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”
How injury lawyers charge in Virginia
Contingency fee rules
Virginia has no dollar or percentage cap on personal injury contingency fees. The fee has to be reasonable, and the method for figuring the contingent fee must be put in writing.
“A contingent fee agreement shall state in writing the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
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.”
Sources on this page
Each one was opened and checked on September 17, 2026.
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.