What should I do after a traffic accident in Virginia?

Stop immediately, call 911 if anyone is injured, exchange information, document the scene with photos, and report the accident if damage exceeds $3,000 or any injury [§ 46.2-373].

When do I need to report a traffic accident in Virginia?

You must report an accident if damage exceeds $3,000 or any injury [§ 46.2-373], if anyone is injured or killed, or if the other driver leaves the scene. Failure to report can result in additional penalties.

Is Virginia a fault or no-fault state?

Virginia is a At-fault (contributory negligence — any fault bars recovery) state. This means the at-fault driver's insurance typically pays for damages. Under contributory negligence, if you are even 1% at fault, you may be barred from recovery.

How long do I have to file a lawsuit after an accident in Virginia?

The statute of limitations for personal injury claims from a traffic accident in Virginia is 2 years. Property damage claims may have a different deadline. Missing the deadline means you lose the right to sue.

Should I hire an attorney after a traffic accident?

If you suffered injuries, significant property damage, or if fault is disputed, consulting an attorney is advisable. Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win).

Topic guideUpdated 2026-02-27

Virginia Traffic Accidents — Reporting & Legal Rights

Accident reporting requirements, fault system, statute of limitations, and insurance claims in Virginia.

If you are involved in a traffic accident in Virginia, you have specific legal obligations and rights. Virginia is a At-fault (contributory negligence — any fault bars recovery) state for accident liability §46.2-373.

What to Do After an Accident

Stop immediately — leaving the scene is a criminal offense

Call 911 if anyone is injured or if damage exceeds $3,000 or any injury

Exchange information with the other driver (name, insurance, license)

Document the scene with photos and notes

Report the accident to law enforcement if required §46.2-373

Seek medical attention even for minor injuries

Notify your insurance company promptly

Accident Reporting Requirements

You must report an accident in Virginia if damage exceeds $3,000 or any injury or if anyone is injured or killed §46.2-373.

Fault and Insurance

Virginia follows a At-fault (contributory negligence — any fault bars recovery) system:

	Virginia Rules
Fault System	At-fault (contributory negligence — any fault bars recovery)
Reporting Threshold	$3,000 or any injury §46.2-373
Statute of Limitations	2 years for personal injury

Statute of Limitations

You have 2 years from the date of the accident to file a personal injury lawsuit in Virginia under the Statute of limitations. Property damage claims may have a different deadline.

✓Even if you think you were partially at fault, consult an attorney. Virginia's At-fault (contributory negligence — any fault bars recovery) system may still allow you to recover damages depending on the circumstances.

Prepare for Your Consultation

Quick checklist (Traffic Violations)

Gather these before your first consultation.

Traffic citation copy

(date, location, violation code)

Driving record / MVR

(point history, prior violations)

Insurance and registration

(proof of coverage, vehicle reg.)

General preparation tips only. Specific needs depend on your state and violation type.

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