Virginia is an at-fault state for car accident claims, meaning that the driver who causes a car accident is legally responsible for any damages. However, Virginia requires drivers to purchase minimum amounts of liability car insurance. Therefore, car accident compensation is typically paid by the insurance company for the driver who caused the accident.
Learning about the process for obtaining car accident compensation can help accident victims protect their rights. In this article, you will learn what you need to know to protect your right to car accident compensation after a car crash in Virginia.
How Compensation Works in Virginia Car Accidents
Virginia does not have a no-fault insurance system. Instead, the driver responsible (“at fault”) for the cause of the accident must pay for the other party’s injuries and damages. The payment is made through the driver’s insurance coverage or personal resources.
Most car accident claims begin with filing a claim against the at-fault driver’s liability insurance policy. However, the insurance coverage may be insufficient to pay the claim, the company may deny the claim, or the driver may be uninsured. In those situations, you may need to file a personal injury lawsuit against the driver to seek a personal judgment.
Virginia’s Liability Auto Insurance Minimum Requirements
As of January 1, 2025, Virginia law requires all drivers to carry minimum liability insurance coverage per Virginia Code § 46.2-472.
The current minimum coverage for liability car insurance in Virginia is:
- Coverage for a person’s death or bodily injury – $50,000 per person
- Coverage for the death or bodily injury to two or more people – $100,000 per accident
- Coverage for property damage to another party’s property – $25,000 per accident
Liability insurance pays compensation to accident victims when you cause a car accident. It does not pay you compensation for your injuries. You may purchase optional insurance coverage, such as collision, comprehensive, and MedPay, to help cover your expenses in the event of an accident.
Uninsured/Underinsured Motorist Coverage (UM/UIM) in Virginia
Virginia law requires insurance companies to include uninsured/underinsured motorist coverage in auto insurance policies. The coverage must equal the liability insurance coverage amount but cannot exceed it. If you want to increase your liability coverage without increasing your UM/UIM insurance, you must sign a waiver.
Uninsured motorist insurance pays you compensation if a driver without insurance causes your accident or if a hit-and-run driver causes the crash. Underinsured motorist insurance pays the difference between your damages and the liability coverage of the at-fault driver. It is helpful to have this coverage in the event of a serious accident where the at-fault driver has minimum coverage that does not fully compensate you for all damages.
Compensation You Can Receive After an Accident in Fairfax, VA
Accident victims can recover economic damages for their financial losses. They can also recover non-economic damages.
Examples of the damages you can receive for a car accident claim include:
- The cost of medical treatment, including rehabilitative therapies
- Scarring, disabilities, impairments, and disfigurement
- Out-of-pocket expenses, including personal care and travel expenses
- Lost wages, reductions in earning capacity, and loss of employment benefits
- Pain and suffering
- Emotional distress and mental anguish
- Diminished quality of life and enjoyment of life
Before receiving car accident compensation, you must prove that the other driver caused the accident. If possible, collect evidence from the accident scene. You can take photographs and make a video of the scene. You can also ask witnesses for their contact details.
How Contributory Negligence Impacts Car Accident Compensation
Virginia follows a pure contributory negligence rule in personal injury cases, including car accidents. If you are found even 1% at fault for the accident, you cannot recover compensation from the other party. This strict fault rule emphasizes the need to prove the other driver’s full responsibility.
After a car crash, do not say you are sorry or admit fault in any way. When discussing the crash with a police officer, provide the facts without making presumptions about fault. Never agree to a recorded statement for an insurance company. It is best to let an attorney handle the insurance company for you.
Claim Process for Recovering Car Accident Compensation
Most car accident claims are settled through negotiations with the at-fault driver’s insurance company.
The steps in the claims process include:
- Report the accident to the insurance company to file a claim
- Provide documentation supporting the claim
- An insurance adjuster reviews the claim to determine liability
- If the company accepts liability, it may make a settlement offer, or you may make a settlement offer
- Settlement negotiations could include back-and-forth counteroffers
- The parties agree on a settlement amount and sign a settlement agreement
- The insurance company issues a settlement check to the injured party
If a settlement cannot be reached, the injured party can proceed with a lawsuit. However, the lawsuit must be filed before the statute of limitations expires, or the court will likely dismiss the case. The statute of limitations for most car accident claims is two years from the accident date.
Contact the Fairfax Car Accident Attorneys at The Parrish Car Accident & Personal Injury Law Firm for Help Today
Settling a car accident claim can be difficult. Insurance companies use various tactics to deny and undervalue claims. Dealing directly with an insurance company puts you at a disadvantage. The company has a team of professionals protecting its best interests. Hiring a personal injury lawyer evens the playing field and gives you the advantage.
Consulting an experienced Fairfax car accident lawyer can help navigate complex rules and obtain the compensation you deserve. Call The Parrish Car Accident & Personal Injury Law Firm, today for a free consultation at (571) 200-5424 with an attorney.
