Virginia · Injury claimsCar accident injury claims in Virginia
In Virginia, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Virginia.
Virginia at a glance
- Fault rule
- Contributory negligence (any fault can bar recovery)
- No-fault state?
- No
- PIP / no-fault coverage
- No PIP mandate. MedPay optional; when offered, insurer must offer minimum $2,000 (§ 38.2-2201). MedPay subrogation BARRED in motor-vehicle policies (§ 38.2-2209).
- Minimum liability coverage
- 50/100/25 (effective 1/1/2025, raised from 30/60/20 via SB 1182 three-year phase-in); UM/UIM mandatory at equal limits per § 38.2-2206. Uninsured-motor-vehicle-fee opt-out ELIMINATED 7/1/2024 (SB 951) — driving uninsured is now a Class 3 misdemeanor + $600 fee per § 46.2-707.
- Time limit for an injury claim
- 2 years
One of the few states where being even slightly at fault can bar your recovery entirely.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Virginia
VA retains pure contributory negligence by common law (one of only 5 US jurisdictions: AL, MD, NC, VA, DC). A plaintiff whose own negligence is ANY proximate cause of the injury is completely barred from recovery — 1% fault = $0 from the third party. § 8.01-58 codifies an exception only for railroad-FELA cases. Recovery-reviving exceptions: last-clear-chance (VA's 'fresh opportunity' formulation per Greear v. Noland Co., 197 Va. 233 (1955) — plaintiff in helpless peril; defendant knew/should have known; had time/means to avoid; failed to act); gross negligence / willful & wanton misconduct (DUI, extreme speed, intentional); and narrow insanity/incapacity. (Prior banks' Meldrum v. Kellam cite was a fabrication — the real Meldrum v. Kellam is a Maryland case; struck and replaced with Greear.)
Paying for injuries in Virginia
VA is NOT a no-fault state — there is no PIP mandate. It is a traditional tort-liability + contributory-negligence regime where the at-fault driver's BI/PD coverage pays. MedPay (Medical Expense Benefits) is optional; when offered, the insurer must offer at least $2,000 (§ 38.2-2201) and it pays regardless of fault. Critically, § 38.2-2209 bars MedPay subrogation in motor-vehicle liability policies — a VA-favorable feature: the MedPay carrier cannot subrogate against the user's third-party recovery.
How Moe handles injury claims in Virginia
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Virginia’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Virginia injury claims — common questions
- Is Virginia a no-fault state?
- No. Virginia is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Virginia's fault rule for a car accident?
- Virginia follows contributory negligence (any fault can bar recovery). One of the few states where being even slightly at fault can bar your recovery entirely.
- How long do I have to file an injury claim in Virginia?
- In Virginia the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
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This page summarizes Virginia’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.