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Virginia Car Accident Laws

Posted on December 15, 2025 in Car Accidents

Virginia car accident lawyer If you drive in Hampton, Richmond, or anywhere else in the Commonwealth of Virginia, you need to understand the Virginia car accident laws that will come into play if you experience an accident due to another driver’s actions.

Virginia operates under a fault-based system, meaning the driver who causes an accident is responsible for all resulting damages. However, the state also follows one of the strictest liability rules in the nation, which can complicate your ability to recover compensation if you share even a little bit of fault.

If you are in a car accident in 2026, you deserve help from a fearless Hampton, VA car accident lawyer who understands the law and will take your case to court if necessary.

Does the Law Say You Have to Call the Police After a Virginia Car Accident?

State law requires drivers to report all accidents to the police immediately. Under Virginia Code § 46.2-894, drivers must stop as close to the scene as possible without getting in the way of traffic and give their information to the police and the other driver. Leaving the scene or not reporting an accident allows for severe legal penalties, including the potential for Class 5 felony charges if the accident caused injury or death.

If you can safely do so, document as much as you can from the scene while you wait for first responders. Take photos of your injuries, the damage to all vehicles, and the crash itself. You should also get contact information from other drivers involved in the accident, as well as any witnesses who saw the crash happen. This can be very important evidence when you are trying to prove fault and get compensation.

What Are Virginia's Auto Insurance Requirements?

Virginia law requires all drivers to have car insurance, and recent changes have increased the minimum coverage requirements. In 2026, under Virginia Code § 46.2-472, all drivers must have the following minimum insurance coverage:

$50,000 per person for bodily injury or death in any one accident
$100,000 total per accident for bodily injury or death
$25,000 per accident for property damage

The Insurance Research Council has found that around 15 percent of drivers don’t have car insurance at all. If you get into a Virginia auto accident and are injured, and the responsible driver does not have car insurance, you may be able to bring a claim against your own insurance policy.

How Does Virginia's Contributory Negligence Rule Affect My Car Crash?

Virginia follows a pure contributory negligence rule, which is one of the strictest fault standards in the country. Under this rule, if you are found to be even one percent at fault for the accident, you cannot get any compensation from the other driver. Only three other states in the U.S. share Virginia's pure contributory negligence approach.

For Virginia drivers, this means proving that you bear no fault for the accident is a huge part of a successful case. Insurance companies and defense attorneys know about this rule and will look for any way to deny your claim entirely.

What is Virginia’s Statute of Limitations for a Car Accident Injury Claim?

Virginia’s statute of limitations for filing a personal injury case is two years from the date of a car accident. While this may sound like plenty of time, you should have an attorney help you start building your case as quickly as possible after the accident.

Is Virginia a No-Fault State for Car Accidents?

No, Virginia is not a no-fault state for car accidents. The fault rule applies, meaning an at-fault driver is liable for any damages they caused to others in an accident. An injured driver will need to prove fault for their recent accident before they can get any compensation for their damages. Proving fault for your recent accident takes evidence that your attorney can help collect.

Can You Go to Jail for Causing a Car Accident?

If a car accident happens because of negligence, the at-fault driver faces liability for any damage they caused to others but are unlikely to face criminal charges in Virginia. However, if someone was driving under the influence of alcohol or drugs, or otherwise broke the law with their actions, they not only face liability for damages but also criminal prosecution.

Do I Need a Lawyer to File an Auto Insurance Claim?

You are not required to hire an attorney to file an auto insurance claim in Virginia. But doing so will likely make the insurance claim filing process much smoother. Insurance companies have no incentive to help you; in fact, they will usually look for any reasons they can find to deny your claim or justify the lowest possible settlement offer. Your attorney can ensure your claim is handled fairly and that you receive an acceptable settlement offer.

How Much Does It Cost to Hire a Car Accident Lawyer?

The cost to hire a Virginia car accident lawyer will be a percentage of your final settlement if you choose Whitlock Law to represent you. We accept car crash cases on a contingency fee basis, meaning we only charge our client a fee if we win their case. The contingency fee will be a percentage of the total amount we recover on your behalf.

Contact a Hampton, VA Car Accident Attorney

The small-firm experience at Whitlock Law means you receive personalized attention and aggressive representation when you need it most. We have recovered over $50 million recovered for clients and we fight for what is right.

Contact our experienced Richmond car accident lawyer at Whitlock Law today at 301-565-1655 to schedule your free consultation.

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Cases Tried In:

Free Consultations
Maryland 301-565-1655 | Virginia 703-576-5005

Virginia Car Accident Laws

Does the Law Say You Have to Call the Police After a Virginia Car Accident?

What Are Virginia's Auto Insurance Requirements?

How Does Virginia's Contributory Negligence Rule Affect My Car Crash?

What is Virginia’s Statute of Limitations for a Car Accident Injury Claim?

Is Virginia a No-Fault State for Car Accidents?

Can You Go to Jail for Causing a Car Accident?

Do I Need a Lawyer to File an Auto Insurance Claim?

How Much Does It Cost to Hire a Car Accident Lawyer?

Contact a Hampton, VA Car Accident Attorney

Recent Blog Posts

Categories

Archive

Request a Case Evaluation

Silver Spring Office

Bowie Office

Frederick Office

Chesapeake Office

Manassas Office

Glen Allen Office

Leesburg Office

Cases Tried In:

Free Consultations Maryland 301-565-1655 | Virginia 703-576-5005

Virginia Car Accident Laws

Does the Law Say You Have to Call the Police After a Virginia Car Accident?

What Are Virginia's Auto Insurance Requirements?

How Does Virginia's Contributory Negligence Rule Affect My Car Crash?

What is Virginia’s Statute of Limitations for a Car Accident Injury Claim?

Is Virginia a No-Fault State for Car Accidents?

Can You Go to Jail for Causing a Car Accident?

Do I Need a Lawyer to File an Auto Insurance Claim?

How Much Does It Cost to Hire a Car Accident Lawyer?

Contact a Hampton, VA Car Accident Attorney

Recent Blog Posts

Categories

Archive

Request a Case Evaluation

Silver Spring Office

Bowie Office

Frederick Office

Chesapeake Office

Manassas Office

Glen Allen Office

Leesburg Office

Free Consultations
Maryland 301-565-1655 | Virginia 703-576-5005