Virginia Car Accident Compensation Laws

Auto accidents are very common in Virginia. Whether you're the at-fault driver or an innocent victim, you must know how the Virginia car accident compensation laws work. Otherwise, you may file your insurance claim improperly or miss Virginia's statute of limitations.

This article discusses what you need to know about Virginia car accidents, including what to do after an accident and how to get appropriate compensation for your injuries and losses. If you still have questions about your car accident case, contact an experienced Virginia car accident lawyer. 

What Should You Do After an Accident in Virginia?

You must take specific steps to preserve your car accident claim. You must follow Virginia law and preserve the evidence your personal injury attorney will need to prove your case.

Here is a list of what to do immediately after your motor vehicle accident:

• Don't leave the scene. Leaving the scene of the accident, even if it's minor, could be an illegal hit-and-run. You may find yourself facing criminal charges, fines, and jail time.
• Move your vehicle off the road. Do your best to get your car and its occupants out of the way of traffic. Check to see if anyone suffered injuries and needs medical treatment. If possible, provide first aid to any car accident victims. 
• Call the police. Call 911 or the State Highway Patrol immediately. The dispatcher will send an officer to the accident scene and arrange an ambulance to transport accident victims to the nearest hospital. The police will thoroughly investigate the car crash and put their findings in a written report. Your Virginia car accident attorney will need a copy of the accident report to help prove your case. 
• Exchange contact information and car insurance information with the other driver. 
• Take pictures of the scene and get contact information for any witnesses. Ask nearby businesses or homeowners for a copy of their security camera footage.
• Call your insurance adjuster and notify them of a possible car accident claim.
• Get checked by a doctor and keep records of any medical expenses.

You may jeopardize your chances of recovering damages if you don't follow this advice. The information in the police report is crucial to your personal injury case. Your attorney may be unable to access it once law enforcement clears the accident scene. 

Virginia Car Accident Compensation Laws: At a Glance

Check the table below for more information on Virginia car accident compensation laws.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Virginia car accident lawyer or conduct legal research to verify your state laws.

Recovering damages for car accident injuries that happened in Virginia is harder than it is in most states. First, you must prove that the other driver was "at fault" or negligent. Second, you must prove that the driver responsible was 100% at fault. 

Virginia employs the pure contributory negligence rule. This rule dictates that you can only get damages if the court finds you were not responsible for the car accident. This rule is much stricter than the comparative negligence rule that exists in most states.

Damage Types Allowed in Virginia

In estimating your total damages, the court will include your economic and non-economic damages. Economic recovery includes out-of-pocket expenses such as car repairs, medical bills, and lost wages. Non-economic damages are harder to calculate, but pain and suffering, emotional distress, and loss of enjoyment of life are all potentially recoverable.

Damages from a car accident might include:

• Car repairs
• Medication co-pays
• Doctor visits
• Lost wages
• Disability

In rare cases, punitive damages may be available. The courts award punitive damages to punish the defendant for wrongdoing, such as drunken driving.

Damage Caps in Virginia

Every state has laws that limit how long you can wait before filing a legal claim. The statute of limitations in Virginia is two years for most personal injury claims. You have five years to file a claim for personal injuries to an infant and for property damage claims.

Virginia has instituted several damages caps that limit how much you can recover in your case. These caps are as follows:

• Cap on punitive damages of $350,000
• Cap of $100,000 (or the state's liability insurance policy coverage) if the defendant is a Commonwealth employee
• Various caps on damages in a medical malpractice case

Learn More About Virginia Car Accident Compensation Laws from a Lawyer

Car accidents may be common, but that doesn't make them any less stressful. You should speak to a skilled car accident attorney in Virginia to determine if you can recover damages for your injuries. 

Your Virginia auto accident attorney can review your case and let you know if it has merit. They'll also help you protect your legal rights. Many personal injury lawyers offer new clients a free initial consultation. and can help you better understand your legal rights.