Virginia Motor Vehicle Accident Laws

Insurance Requirements

System type: Virginia operates under a fault-based insurance system, meaning the at-fault driver (or their insurer) is financially responsible for damages resulting from an accident. Injured parties can file a claim with their own insurer, the at-fault driver’s insurer, or pursue legal action in court.

Minimum coverage requirements: As of July 1, 2024, Virginia law requires all vehicle owners to carry liability insurance before registering their vehicles. The minimum required coverage is:

For policies effective January 1, 2022 – December 31, 2024:

• $30,000 for bodily injury or death of one person per accident
• $60,000 for bodily injury or death of two or more people per accident
• $20,000 for property damage per accident

For policies effective on or after January 1, 2025:

• $50,000 for bodily injury or death of one person per accident
• $100,000 for bodily injury or death of two or more people per accident
• $25,000 for property damage per accident.

Uninsured motorist (UM) coverage: Virginia requires uninsured motorist (UM) coverage to protect drivers in cases where an at-fault party lacks insurance. The minimum UM coverage matches the liability coverage requirements above.
Note: If a hit-and-run driver causes damage, Virginia law requires the victim to pay the first $200 deductible before UM coverage applies.

Optional coverages:

• Collision coverage: Pays for damage to your vehicle regardless of fault
• Comprehensive coverage: Covers non-collision events like theft, vandalism, or weather damage
• Underinsured motorist (UIM) coverage: Helps cover costs when an at-fault driver’s insurance is insufficient
• Medical Payments (MedPay): Covers medical expenses for you and your passengers, regardless of fault
• Rental reimbursement: Covers the cost of a rental car while your vehicle is being repaired

Proof of insurance and monitoring: Virginia requires drivers to carry proof of insurance at all times. The Department of Motor Vehicles (DMV) electronically monitors compliance and can request policy verification from drivers.

Penalties for non-compliance: Failure to maintain proper insurance coverage can result in suspension of driving and vehicle registration privileges, a minimum $600 non-compliance fee, the need to file an SR-22 form for three years, and potential additional reinstatement fees. To reinstate driving privileges, drivers must pay all required fees and submit proof of insurance. Virginia also offers a payment plan program for eligible vehicle owners to pay the statutory fee over time.

Rideshare drivers: Drivers for services like Uber or Lyft must meet specific insurance requirements.

• App on, but no passenger (Period 1): $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage, including UM/UIM and collision/comprehensive coverage, if carried on the driver’s personal policy

Fault Laws

Contributory negligence in Virginia

Virginia follows a pure contributory negligence system, which is among the strictest fault laws in the country. Under this rule, if a driver, passenger, or pedestrian is found to be even 1% at fault for an accident, they are barred from recovering any compensation from the other party. 

This differs from the comparative negligence rules followed by most states, where an injured party can recover damages as long as their fault does not exceed a certain threshold. So, because in Virginia any degree of fault eliminates the possibility of compensation, it’s critical for accident victims to establish that they had no role in causing the crash.

Due to this strict rule, insurance companies and at-fault drivers often use contributory negligence as a defense to deny claims. Having strong evidence, such as police reports, witness testimony, accident reconstructions, and surveillance footage, can be essential in proving full liability against the at-fault driver.

Multi-vehicle accidents

In crashes involving multiple vehicles, liability is assigned based on each party’s contribution to the accident. However, the contributory negligence rule still applies—if an injured party is found even slightly responsible, they cannot recover damages. Because of this, proving negligence in multi-car accidents often requires detailed investigations, expert analysis, and legal intervention to determine who is fully at fault.

Passenger rights

Passengers involved in a car accident generally have a stronger case for compensation, as they are less likely to be found at fault. Injured passengers can file claims against:

• The driver of the vehicle they were in (if that driver was at fault)
• Another driver involved in the crash (if that driver caused the accident)
• Multiple drivers (if liability is split between two or more parties)

However, passengers may still face challenges if the defendant argues contributory negligence, such as not wearing a seatbelt or distracting the driver, which could potentially reduce their ability to recover damages.

Statute of Limitations

Personal injury claims

Virginia law sets a two-year statute of limitations for filing personal injury lawsuits related to car accidents. This means that victims must file their lawsuit within two years from the date of the accident, or they lose the right to seek compensation.

Property damage claims

If a car accident results in vehicle or property damage, the statute of limitations extends to five years from the accident date. This applies to claims seeking compensation for vehicle repairs, replacement costs, or damages to other property.

Wrongful death lawsuits

If a car accident results in a fatality, the victim’s family or legal representative can file a wrongful death claim within two years from the date of death. If the death occurred days or weeks after the crash, the deadline is calculated from the date of death rather than the accident itself.

Exceptions to the statute of limitations:

• Minors: If the injured victim was under 18 years old at the time of the accident, the statute of limitations is paused until their 18th birthday. They will then have two years from that date to file a lawsuit, effectively allowing them to sue until they turn 20
• Mental or physical incapacity: If an accident victim is incapacitated (e.g., in a coma or mentally unable to handle legal matters), the statute of limitations may be paused until they regain capacity
• Absence of the at-fault party: If the at-fault driver leaves the state after the accident but before a lawsuit is filed, the time they are out of state may not count toward the statute of limitations

Claims against the government

If the accident involves a government vehicle or agency, the time limits may be shorter than the standard two-year period. In many cases, written notice of the claim must be filed within six months to one year, depending on the specific government entity involved.

What happens if you miss the deadline?

Failing to file a lawsuit within the statute of limitations usually results in case dismissal, meaning the victim loses the right to seek compensation. Even if settlement negotiations are ongoing, victims must ensure they file their lawsuit before the deadline to preserve their legal rights.

Because Virginia’s contributory negligence rule makes proving fault crucial, accident victims should consider seeking legal advice early to ensure their case is handled within the appropriate timeframe.

Accident Reporting Requirements

When to report an accident

Virginia law requires drivers to report motor vehicle accidents under specific conditions. A crash must be reported immediately if it involves:

• Personal injury or death:  If anyone is injured or killed, the driver must notify law enforcement immediately
• Property damage exceeding $1,500: If the accident results in damages that meet or exceed this threshold, it must be reported to the authorities
• Unattended vehicle or property damage: If a driver strikes an unattended vehicle or damages property, they must make a reasonable effort to locate the owner or leave a written note with their name, contact information, and insurance details

Failure to report an accident under these conditions may result in criminal penalties, including fines, license suspension, and potential jail time for hit-and-run offenses.

Filing accident reports

In Virginia, law enforcement officers are responsible for filing an official accident report if they investigate the scene of a crash that involves the above criteria. If a police officer does not investigate the accident, drivers are not required to file a report with the Virginia Department of Motor Vehicles (DMV). 

However, individuals involved in a crash can voluntarily report the accident by submitting the FR200 Accident Report form along with an Information Request Form (CRD-93) and an $8.00 payment. You may also have to submit a License, ID Card and Records Payment Authorization form, DMS 004.

To file a report, send these documents to:

Virginia Department of Motor Vehicles
Customer Records Work Center, Room 514
P.O. Box 27412
Richmond, VA 23269

Alternatively, requests can be faxed to (804) 367-0390 or submitted in person at a DMV customer service center.

How to access accident reports

Accident reports are often essential for insurance claims, legal disputes, and evidence in court cases. In Virginia, reports can be requested from the DMV by:

• Mail: Submit a written request or a CRD-93 form with payment
• Fax: Send a completed request to (804) 367-0390 with a payment authorization form
• In-person: Visit a DMV customer service center and request a copy

The standard fee for obtaining an accident report is $8 per report. DMV records are typically stored for at least 36 months in the Traffic Records Electronic Data System.

Additional considerations

Hit-and-run incidents: Drivers involved in a hit-and-run accident should immediately notify law enforcement and provide as much identifying information as possible about the fleeing vehicle.

Failure to report: Not reporting an accident when required can lead to serious consequences, including license suspension, fines, and additional legal penalties.

For more information on accident reports and records, visit the Virginia DMV Accident Reporting page.

Compensation Limits

Economic damages: Virginia does not impose a cap on economic damages in car accident cases. Victims can recover full compensation for medical expenses, lost wages, property damage, rehabilitation costs, and diminished earning capacity. However, the actual amount may be limited by the at-fault driver’s insurance policy. If damages exceed coverage, victims may seek additional compensation through Uninsured/Underinsured Motorist (UM/UIM) coverage or by filing a personal injury lawsuit against the at-fault party.

Non-economic damages: There is no cap on non-economic damages in car accident cases, except for medical malpractice claims, which are subject to an increasing limit (currently around $2.6 million). Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. The amount varies based on injury severity, its impact on daily life, and supporting testimony from medical professionals and family members.

Punitive damages: Punitive damages are awarded in cases of gross negligence, reckless conduct, or intentional harm, such as drunk driving accidents. Virginia imposes a $350,000 cap on punitive damages. In drunk driving cases, punitive damages may apply if the at-fault driver had a BAC of 0.15% or higher, refused a breathalyzer, or their intoxication directly caused the accident. 

Claims against government entities: For claims against government entities, Virginia enforces strict damage caps under the Virginia Tort Claims Act. The maximum compensation is $100,000 per claim for incidents after July 1, 1993. Punitive damages are not allowed in government claims, and both economic and non-economic damages are subject to these limits.

Special considerations:

• Contributory negligence rule: Virginia follows a pure contributory negligence system, meaning victims cannot recover compensation if they are even 1% at fault for the accident
• Filing deadlines for government claims: Claims against government entities require a written notice within six months, including details of the time, place, and nature of the claim
• Exceeding insurance limits: When damages surpass the at-fault driver’s insurance limits, victims may seek compensation through UM/UIM coverage or by suing the at-fault party directly

Medical Coverage Considerations

Covering medical expenses after a car accident in Virginia involves navigating various insurance options and legal considerations. Below are the primary ways accident victims can manage their medical costs.

Health insurance: This serves as an immediate option for covering medical expenses, regardless of who was at fault. Using in-network providers can minimize out-of-pocket costs, though co-pays and deductibles may still apply. If you receive compensation from an at-fault driver’s insurance, your health insurer may require reimbursement through subrogation.

Medical Payments coverage (MedPay): This is an optional auto insurance policy that covers medical costs regardless of fault. MedPay can pay for hospital visits, surgeries, diagnostic tests, and funeral expenses. Unlike health insurance, MedPay does not require reimbursement if you later receive a settlement. Policyholders should check their insurance declarations page to confirm MedPay coverage limits.

At-fault driver’s insurance: They may ultimately cover medical bills, but liability insurance does not pay until a settlement is reached, which could take months or years. Virginia requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage. If medical expenses exceed these limits, additional claims may be necessary.

Uninsured/underinsured motorist (UM/UIM) coverage: This helps cover medical costs if the at-fault driver lacks sufficient insurance. This coverage can provide financial relief and bridge the gap between actual expenses and the at-fault driver’s policy limits. Virginia law allows accident victims two years from the date of the accident to file a UM/UIM claim.

Medical liens and subrogation: Healthcare providers file liens on settlements to secure repayment for accident-related treatments. Additionally, insurers like Medicaid, Medicare, or private health plans may seek subrogation to recover medical costs they covered. Understanding and negotiating these liens can help accident victims retain more of their settlement.

Important considerations:

• Timely treatment: Seeking immediate medical care is essential for both recovery and for documenting injuries in insurance claims
• Record keeping: Seeking immediate medical care is essential for both recovery and for documenting injuries in insurance claims
• Legal guidance: Consulting a personal injury attorney can help navigate insurance claims, negotiate medical liens, and maximize compensation for accident-related injuries

Unique Local Factors

Virginia’s diverse geography, seasonal weather conditions, and unique traffic patterns create distinct challenges for drivers. Being aware of these factors can help reduce accident risks and improve road safety.

Weather and road conditions: Virginia’s climate varies by region, with weather conditions that significantly impact driving.

• Snow and ice: Western Virginia, including the Blue Ridge Mountains, experiences heavy snowfall in winter, leading to icy and treacherous road conditions. Mountain passes may require chains or snow tires, and black ice is a common hazard
• Rain and flooding: The coastal and low-lying areas of Virginia, especially near the Chesapeake Bay and Hampton Roads, are prone to flooding. Heavy rainfall can lead to hydroplaning risks, while hurricanes and tropical storms often cause flash floods and road closures
• Fog: Dense fog is frequent in the Shenandoah Valley and along the Appalachian Mountains, significantly reducing visibility and increasing the risk of collisions
• Construction zones: Virginia’s extensive road maintenance projects can result in temporary detours, lane closures, and traffic congestion, particularly on highways like I-95, I-64, and I-81 

Traffic and tourism hazards: Virginia’s combination of urban centers, rural roads, and historical sites presents a mix of driving challenges.

• Urban congestion: Cities like Richmond, Norfolk, and Arlington experience heavy traffic, especially during rush hours and near major corridors such as the I-95 corridor and Hampton Roads Bridge-Tunnel
• Rural roads: Many of Virginia’s rural roads are narrow, winding, and poorly lit, making nighttime driving more hazardous. Wildlife, such as deer, also pose risks on less-traveled routes
• Tourism traffic: Popular destinations like Colonial Williamsburg, Virginia Beach, and Shenandoah National Park attract tourists unfamiliar with local roads, leading to unexpected stops, slow-moving traffic, and an increased risk of collisions

Drivers are advised to check weather reports, anticipate traffic congestion, and adjust their driving habits to accommodate Virginia’s unique road conditions.

Local Resources & Contacts

State agencies:

• Virginia Department of Motor Vehicles (DMV): Provides accident reporting guidelines, driver’s license services, and vehicle registration information 
  • Website: www.dmv.virginia.gov
  • Phone: (804) 497-7100
• Virginia Bureau of Insurance: Regulates auto insurance policies and assists with consumer complaints related to insurance claims
  • Website: www.scc.virginia.gov/boi    
  • Phone: (804) 371-9741

Virginia State Police (VSP): Handles traffic enforcement, accident investigations, and public safety alerts.

• Website: www.vsp.virginia.gov     
• Phone: (804) 674-2000