Is Virginia a No-Fault State for Car Accidents? A Complete Guide

Virginia is an at-fault state for car accidents. If another driver’s negligence caused a crash, an injured person may seek compensation through that driver’s liability insurance or, when necessary, a lawsuit against the responsible party. Virginia’s strict contributory negligence rule can make fault disputes especially important. Understanding how these rules affect your options can help you protect your claim after a crash.

At Deering Hedrick, P.C., we help Virginia Beach drivers understand their rights after a car accident and pursue full compensation from the responsible party. If you were injured in a car accident, call (757) 383-6848 to discuss your case with our team.

At-Fault vs. No-Fault States: What Is the Difference?

The distinction between at-fault and no-fault states comes down to how medical bills and other damages get paid after a crash.

What Does “At Fault” Mean in a Virginia Car Accident Case?

In an at-fault state like Virginia, a driver whose negligence caused a crash may be legally responsible for the resulting damages. This means an injured person generally seeks compensation through the at-fault driver’s liability insurance. If that driver is uninsured or underinsured, the injured person may also have a claim under applicable uninsured or underinsured motorist coverage, depending on the policy and the facts of the case.

What Does “No-Fault” Mean?

In a no-fault state, each driver’s own insurance policy generally covers their medical expenses and certain other losses after a crash, regardless of who actually caused the accident. No-fault systems often limit lawsuits for pain and suffering unless the injury satisfies the state’s statutory threshold, which may be based on the seriousness of the injury, medical expenses, or both.

How Is Fault Determined After a Virginia Car Accident?

Fault in a Virginia car accident is generally determined through an investigation into the specific circumstances of the crash, including the police report, photographs and video from the scene or nearby cameras, witness statements, vehicle damage patterns, and, in more complex cases, accident reconstruction analysis. Fault matters because it can affect:

• Whether another driver’s liability coverage applies.
• How insurers evaluate and negotiate the claim.
• Whether contributory negligence could bar recovery.

Virginia’s Contributory Negligence Rule

Virginia follows a strict contributory negligence rule. If an injured person is found to have acted negligently in a way that contributed to the accident or injury, that person may be barred from recovering damages from another negligent party.

This differs from comparative negligence systems, where an injured person’s share of fault may reduce compensation rather than prevent recovery altogether. In Virginia, even a small amount of alleged fault can put a claim at risk.

Because fault can be heavily disputed, it is important to preserve evidence after a crash, including photographs, witness information, vehicle damage documentation, and medical records. Call Deering Hedrick, P.C. at (757) 383-6848 to discuss how Virginia’s fault rules may affect your case.

Can You Sue the At-Fault Driver After a Virginia Car Accident?

Yes. If another driver’s negligence caused your injuries, you may be able to file a personal injury lawsuit against that driver. Many claims resolve through insurance negotiations, but filing suit may be necessary when liability, damages, or available settlement offers remain disputed.

How Long Do You Have to File a Lawsuit in Virginia?

In most Virginia car accident injury cases, the deadline to file a personal injury lawsuit is two years from the date the claim accrues, which is often the date of the crash. Missing the applicable deadline can prevent you from pursuing compensation through a lawsuit. Virginia law generally provides a two-year limitations period for personal injury actions, though exceptions and special notice requirements can apply in certain cases.

Property damage claims may be subject to a different deadline. Because timing can depend on the facts of the case, it is important to seek legal advice well before a filing deadline approaches.

What Compensation Can You Recover From an At-Fault Driver?

Injured victims may be entitled to compensation for medical expenses, both past and future, lost income and reduced earning capacity, pain and suffering, and property damage to their vehicle. The specific value of your claim depends on the severity of your injuries, the available insurance coverage, and the strength of the evidence establishing the other driver’s fault, keeping in mind that Virginia’s contributory negligence rule means any shared fault on your part could jeopardize your ability to recover at all.

What Should You Do After a Virginia Car Accident?

1. Call 911 and seek medical attention if you are injured or believe you may be injured.
2. Take photographs or video of the vehicles, roadway, traffic signals, injuries, and other relevant evidence if it is safe to do so.
3. Obtain contact information from witnesses.
4. Exchange required information with the other driver, but avoid discussing fault or making statements that could be interpreted as an admission.
5. Report the crash to your insurer and comply with your policy’s reporting requirements.
6. Be cautious about recorded statements and settlement offers, particularly from the other driver’s insurer.
7. Speak with a car accident attorney promptly if you have been injured or fault is disputed.

How Deering Hedrick, P.C. Can Help After a Virginia Car Accident

After a Virginia car accident, proving fault and protecting your claim may require prompt investigation, clear documentation, and careful communication with insurers. At Deering Hedrick, P.C., we help injured people in Virginia Beach and across Hampton Roads understand their options, gather the evidence needed to support their claims, and pursue compensation from the responsible parties and available insurance coverage.

Our attorneys are approachable, accessible, and direct. We explain how Virginia’s contributory negligence rule may affect your case, answer your questions clearly, and handle the legal process so you can focus on your recovery. Whether your claim is resolved through negotiation or requires litigation, we prepare every case with care and stay actively involved from start to finish.

Contact Deering Hedrick, P.C. at (757) 383-6848 to discuss your Virginia car accident claim.

Frequently Asked Questions About Virginia At-Fault Car Accidents

Is Virginia a no-fault state for car accidents?

No. Virginia is an at-fault state. An injured person generally must show that another driver was legally responsible before recovering compensation from that driver or their insurer.

Can I still recover compensation if I was partly at fault?

Possibly not. Virginia follows a strict contributory negligence rule, so evidence that you contributed to the crash may prevent recovery. The outcome depends on the facts of the case.

What if the at-fault driver does not have enough insurance?

You may have a claim under uninsured or underinsured motorist coverage available through an applicable auto policy. Virginia law generally requires this coverage in policies that provide motor vehicle liability coverage, but the available limits and policy terms matter.

Should I accept the insurance company’s first settlement offer?

Not necessarily. An early offer may not account for the full cost of medical care, missed work, future treatment needs, or the effect of Virginia’s fault rules on the claim. Consider speaking with an attorney before accepting a settlement or signing a release.

What evidence can help prove fault after a Virginia car accident?

Helpful evidence may include police reports, photographs and video from the scene, witness statements, vehicle damage documentation, medical records, and available traffic camera or dash camera footage. Preserve what you can as soon as possible after the crash.