Back to Questions
personal-injuryVA

What should I do after a car accident in Virginia?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

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

  • Stop and exchange information (Va. Code § 46.2-894). Felony hit-and-run if injury or death.
  • Render reasonable assistance.
  • Call 911 for any injury.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, or damage exceeding $1,500 (Va. Code § 46.2-373).
  • Form FR-300P: Investigating officer files; drivers must complete an SR-1 if requested by DMV.
  • Insurer: Notify under cooperation clause.
  • 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:

  • Last clear chance — defendant who had final opportunity to avoid the harm remains liable (Greear v. Noland Co., 197 Va. 233 (1955)).
  • Gross/willful/wanton negligence of defendant — contributory negligence is no defense (Booth v. Robertson, 236 Va. 269 (1988)).
  • 5. Statute of Limitations

  • Personal injury: 2 years (Va. Code § 8.01-243(A)).
  • Property damage: 5 years (Va. Code § 8.01-243(B)).
  • Wrongful death: 2 years (Va. Code § 8.01-244).
  • Claims against the Commonwealth: Notice within 1 year, suit within 18 months under the Virginia Tort Claims Act (Va. Code § 8.01-195.6).
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.