Virginia car accident laws

The rules in one table

Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Virginia can tell you the date that applies to you.

Next steps after a Virginia crash

Questions

Sources

1. Deadline to sue for an injury (Va. Code Ann. § 8.01-243(A)): law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/

   A. Unless otherwise provided in this section or by other statute, 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.

2. Deadline for vehicle damage (Va. Code Ann. § 8.01-243(B)): law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/

   B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues.

3. Deadline for a wrongful death claim (Va. Code Ann. § 8.01-244(B)): law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/

   B. 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.

4. Claims against a government body (Va. Code Ann. § 15.2-209(A); § 8.01-195.7): law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/

   A. Every claim cognizable against any county, city, or town for negligence 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, within six months after such cause of action accrued.

5. Insurance system (Va. Code Ann. § 46.2-706(A) (proof of insurance required to register; the $500 uninsured-vehicle fee option ended July 1, 2024)): law.lis.virginia.gov/vacode/title46.2/chapter7/section46.2-706/

   A. Every person applying for registration of a motor vehicle shall, under the penalties set forth in § 46.2-707 , execute and furnish to the Commissioner his certificate that the motor vehicle is an insured motor vehicle as defined in § 46.2-705

6. If you were partly at fault (Virginia Model Jury Instructions (Civil) No. 6.050; Williams v. Harrison (Va. 1998)): www.vacourts.gov/static/courts/circuit/resources/model_jury_instructions_civil.p

   Instruction No. 6.050 Contributory Negligence: Parties’ Negligence Not Compared. If you find from the greater weight of the evidence that both the plaintiff and the defendant were negligent and that their negligence proximately contributed to the accident, you may not compare the negligence of the parties. Any negligence of the plaintiff which was a proximate cause of the accident will bar the plaintiff from recovering.

7. Minimum liability coverage (Va. Code Ann. § 46.2-472(B)(3)): law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-472/

   B. For all policies effective on or after January 1, 2025, every motor vehicle owner's policy shall: [...] of $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, and to a limit of $25,000 because of injury to or destruction of property of others in any one accident.

Read October 2, 2026. Laws and fees change; the linked page is the authority.