Virginia Car Accident Frequently Asked Questions

What Are Virginia’s Most Dangerous Roads and Intersections?

Virginia has several high-crash areas, particularly in regions with dense traffic and complex interchanges. Some of the most dangerous roads and intersections include:

• Springfield “Mixing Bowl” Interchange (I-95, I-495, and I-395): Heavy traffic and complex ramp merges cause frequent collisions.
• Hampton Roads Corridors (I-64, I-264, US 60, US 58): High congestion and tourist traffic contribute to numerous crashes.
• West Ox Road and Fairfax County Parkway (SR 608): A busy intersection with a significant accident history.
• Cardinal Drive (SR 610) in Prince William County: Known for speeding and multiple fatal crashes.
• Washington Boulevard (SR 27) and Nearby Intersections in Arlington/Northern Virginia: Dense urban traffic and merging issues lead to elevated crash rates.

Do I Have to Report a Car Accident to the Police in Virginia?

Yes. Under Virginia law (§ 46.2-894), you must report any crash that results in injury, death, or property damage of $1,500 or more. Even if not required, filing a police report helps preserve vital evidence that may be needed by insurance companies or attorneys later.

How Does Virginia’s Auto Insurance System Work?

Virginia follows a fault-based (tort) insurance system, meaning the driver found responsible for the crash is financially liable for damages. The at-fault driver’s insurance typically pays for injuries, vehicle damage, and related losses—up to policy limits.

Am I Required to Carry Car Insurance in Virginia?

Yes. As of July 1, 2024, all Virginia drivers are required to carry auto insurance. The previous option to pay a $500 Uninsured Motor Vehicle (UMV) fee instead of insurance has been eliminated. Driving without insurance is now illegal and can result in fines, registration suspension, and personal liability for damages.

Virginia’s minimum liability insurance coverage requirements (effective January 1, 2025) are:

• $50,000 for bodily injury or death of one person.
• $100,000 for bodily injury or death of two or more people.
• $25,000 for property damage.

These changes ensure greater financial protection for drivers involved in accidents and reflect Virginia’s updated auto insurance laws.

What If the Other Driver Does Not Have Insurance?

If the at-fault driver is uninsured or underinsured, you can file a claim through your Uninsured/Underinsured Motorist (UM/UIM) coverage, if included in your policy. If your damages exceed coverage, you may pursue a direct claim against the driver, though recovery may depend on their financial resources.

How Is Fault Determined After a Car Accident in Virginia?

Fault is determined by examining evidence such as police reports, witness statements, vehicle damage, photographs, and traffic camera footage. Insurance adjusters and, if necessary, the courts decide which driver’s negligent actions caused the crash.

What Types of Compensation Can I Recover After a Car Accident?

 

You may be entitled to recover compensation for:

• Current and future medical expenses.
• Lost wages and reduced earning capacity.
• Vehicle repair or replacement.
• Pain and suffering and emotional distress.
• Loss of enjoyment of life.

In rare cases, punitive damages may be awarded if the other driver’s conduct was reckless or intentional (e.g., drunk driving).

Can I Still Recover Compensation If I Was Partially at Fault for the Crash?

Unfortunately, no. Virginia is one of the few states that follows pure contributory negligence, meaning if you are found even 1% at fault, you are barred from recovering any compensation from the other party.

How Long Do I Have to File a Car Accident Claim in Virginia?

• Personal Injury Claims: Two years from the date of the accident (or from the date injuries are discovered).
• Property Damage Claims: Five years from the date of the accident.

Should I Talk to the Other Driver’s Insurance Company After an Accident?

Generally, no, not without legal guidance. Insurance representatives may request recorded statements or offer quick settlements that undervalue your claim. It’s best to allow your attorney to handle all communications to protect your rights.

What If My Injuries Appear Days or Weeks After the Accident?

Delayed symptoms such as concussion, whiplash, or internal injuries are common. Seek medical care as soon as symptoms appear. The statute of limitations begins when the injury is discovered, so a delayed onset does not automatically bar your claim.

Can Passengers or Pedestrians File Claims After a Car Accident?

Yes. Passengers injured in a crash can file a claim against the at-fault driver, even if they were in the same vehicle. Pedestrians hit by a vehicle also have the right to seek compensation from the negligent driver.

What If a Defective Vehicle Part Caused the Accident?

If a defective part—such as brakes, tires, or airbags—contributed to the crash, you may have a product liability claim against the manufacturer or distributor. This claim can be pursued alongside a negligence claim against any responsible driver.

What Should I Do After a Car Accident in Virginia?

• Call 911 and report the crash to police.
• Document the scene — take photos of all vehicles, damage, and injuries.
• Exchange information with the other driver and collect witness contacts.
• Seek medical care immediately, even if injuries seem minor.
• Keep records of all reports, expenses, and correspondence.
• Avoid speaking to insurers before consulting a lawyer.
• Contact an experienced Virginia car accident lawyer to protect your rights.

Do I Need a Lawyer to File a Car Accident Claim in Virginia?

You are not legally required to hire an attorney, but having experienced legal guidance is highly recommended, especially in cases involving serious injuries, contested fault, or uninsured drivers. An experienced Virginia car accident lawyer protects your rights, navigates Virginia’s complex personal injury laws, negotiates with insurers, and ensures contributory negligence does not unfairly prevent recovery.

Still Have Questions? A Virginia Car Accident Lawyer at the Law Offices of Duane O. King Has the Answers

If you or a loved one has been injured in a crash, a Virginia car accident lawyer can help you seek the justice you deserve. Call the Law Offices of Duane O. King at 888-740-KING (5464) or complete our online form to schedule a free consultation. Located in Washington, D.C., National Harbor, Maryland, and Falls Church, Virginia, we serve clients throughout the region.