What should I do after a car accident in Virginia?
Virginia is one of only four U.S. jurisdictions that still applies pure contributory negligence, making fault determinations decisive.
1. Immediate Steps at the Scene
2. Mandatory Reporting
3. Minimum Liability Insurance
30/60/20 through 2024; 50/100/25 effective January 1, 2025 under HB 2167 (Va. Code § 46.2-472). Virginia previously allowed an "uninsured motor vehicle fee" in lieu of insurance, but that option was eliminated effective July 1, 2024.
4. Pure Contributory Negligence — 1% Bars Recovery
Under longstanding Virginia common law (Baskett v. Banks, 186 Va. 1022 (1947); Smith v. Va. Elec. & Power Co., 204 Va. 128 (1963)), a plaintiff who is even slightly at fault is completely barred from recovery.
Exceptions/Doctrines:
5. Statute of Limitations
This is legal information, not legal advice.
- Insurer or other driver alleges you bear ANY fault (1% bars recovery)
- Last clear chance or gross negligence may apply
- Claim involves the Commonwealth or local government
- Va. Code § 46.2-373
- Va. Code § 46.2-472
- Va. Code § 46.2-894
- Va. Code § 8.01-243
- Va. Code § 8.01-244
- Va. Code § 8.01-195.6
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.