Can I sue for a car accident in Virginia?

Which law covers a car accident claim in Virginia?

governing statute

Va. Code § 8.01-243(A)

source ↗Not yet checked against the statute.

Is Virginia a no-fault state?

who pays first

Virginia is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Va. Code § 46.2-706)

source ↗Not yet checked against the statute.

Across the country. 38 of the 51 states written up answer this the same way as Virginia. Compare every state →

What happens if you were partly at fault for the crash in Virginia?

your share of the fault

Any share of the blame at all ends the claim. One percent at fault and you recover nothing — Virginia is one of five jurisdictions in the country that still applies contributory negligence, and it is the hardest single fact about an injury claim here. (RGR, LLC v. Settle, 288 Va. 260 (2014))

source ↗Not yet checked against the statute.

Across the country. 5 of the 51 states written up answer this the same way as Virginia. Compare every state →

How long do you have to sue after a car accident in Virginia?

limit

2 years

source ↗Not yet checked against the statute.

Across the country. 25 of the 51 states written up answer this the same way as Virginia. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →

Which court hears a case like this in Virginia?

which court

Small claims court, within the general district court

source ↗Not yet checked against the statute.

How much can you sue for in Virginia small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.