Virginia car accident statute of limitations: 2 years, 5 for your car
The Virginia car accident statute of limitations is two years for injuries. Call free to check yours.
Virginia is one of the few places where being even slightly at fault can cost you the whole claim. You have two years to sue for injuries but five years for damage to your car, under Code 8.01-243.
The deadlines in Virginia
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | Va. Code 8.01-243(A) |
| Car or property damage lawsuit | Five years | Va. Code 8.01-243(B) |
| Shared fault | Contributory negligence: any fault can bar recovery | Harris v. Harman (Va. 1997) |
| Minimum liability cover | $50,000 / $100,000 / $25,000 | Virginia DMV |
| Notice to a county, city or town | Six months | Va. Code 15.2-209 |
| Notice to the Commonwealth | One year | Va. Code 8.01-195.6 |
The Virginia rule that punishes small mistakes
Most states trim your award by your share of blame. Virginia uses contributory negligence instead, meaning your own carelessness can wipe out the claim. In Harris v. Harman, the Supreme Court of Virginia threw out a driver’s $50,000 award because he was negligent too.
So the first talk with an adjuster matters. A casual remark about glancing at a phone can become the whole defense.
Virginia deadlines that start sooner or later
Hit by a county, city or town vehicle? A written statement of the claim is due within six months, under Code 15.2-209. Claims against the Commonwealth need one within a year, under Code 8.01-195.6.
A wrongful death suit has two years from the death, under Code 8.01-244. For a child, the time limit generally runs after the child turns 18, under Code 8.01-229.
Virginia insurance limits behind a claim
Virginia raised its minimums for policies effective on or after January 1, 2025. Drivers now need $50,000 per person, $100,000 per crash and $25,000 for property, says the Virginia DMV. Virginia is an at-fault state, so the at-fault driver’s insurer is the first stop.
Before you sign, call a Virginia car accident lawyer
Because a sliver of fault can sink the claim, the facts need careful proof. An attorney can collect the crash report, witness accounts and video before they vanish, then file before the two years end. The call is free and the lawyer is paid only if you win.
Other states: North Carolina, Maryland, West Virginia, Tennessee, Kentucky or every state on one page.
Virginia car accident statute of limitations questions
What is the statute of limitations for a car accident in Virginia?
Two years for injuries and five years for car or property damage, under Code 8.01-243.
Is Virginia a contributory negligence state?
Yes. If you were negligent and it helped cause the crash, you can be barred from recovering anything.
How long do I have to notify a Virginia city after a crash?
Six months for a written statement of the claim to a county, city or town.
Do I have more time to fix my car than to claim my injuries?
Yes. Property damage has five years in Virginia, injuries only two.
Before the clock runs out
In Virginia, the insurer only has to show you were a little careless to pay nothing. Call before you give a statement or sign a release and a lawyer will review your offer free.
Call about my deadline(833) 716-6705
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