Here’s what you need to know after a Virginia car accident to protect your safety and legal interests.

On average, traffic accidents result in 161 injuries and two deaths every day on Virginia roadways.¹

When you or a loved one are injured in a vehicle crash, you are entitled to seek compensation. Here’s what you need to know about Virginia traffic laws and car accident insurance claims.

What to Do After a Virginia Car Accident

Here are five steps you can take after a vehicle accident to comply with Virginia accident laws and protect your right to compensation.

1. Stay At the Scene and Exchange Information

Virginia drivers are required to stop at the scene of an accident involving injuries, death, or property damage. Drivers must share their name, address, driver’s license number, and vehicle registration with the other driver, occupants of the other vehicle, and the police.

2. Call 911 and Help the Injured

Virginia drivers are required to render reasonable assistance to the injured, including transportation to the nearest doctor or medical facility, when an injury is clear or help is requested.

Calling 911 to report the accident and request an ambulance satisfies your legal requirements to arrange for transportation to the hospital. Help the injured as much as you can until medics arrive on the scene.

3. Seek Prompt Medical Treatment

Never refuse or delay medical attention after a car accident. Some types of serious injuries may not be obvious after the sudden impact of a crash. Don’t risk your health or your right to injury compensation by waiving off help at the scene.

When an ambulance arrives, let the medics examine you. If they want to transport you to the hospital, go with them. If you aren’t taken by ambulance to the hospital, make arrangements for a medical evaluation at a local urgent care center as soon as possible, preferably on the same day as the crash.

Refusing or delaying medical care after an accident gives the insurance company a handy excuse to deny or minimize your injury claim.

4. Gather Evidence From the Scene

The Commonwealth of Virginia is a traditional fault state, meaning car accident victims have the right to seek compensation from the negligent driver.

Whether you decide to file a claim with the driver’s auto insurance carrier or file a lawsuit, the burden is on you to establish fault. That means you must prove the other driver did something wrong, or failed to do what any reasonable driver would do to avoid a collision.

The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:

• Photographs and video of the crash scene
• Names and contact information from witnesses
• Your personal notes about the accident

5. Notify Both Insurance Companies

Virginia is a fault state, so most car accident claims are filed with the at-fault driver’s auto insurance policy.

You can notify the at-fault driver’s carrier while you are still treating your injuries. Expect an acknowledgment letter with a claim number and the contact information of the adjuster assigned to your claim. You might get a call from the adjuster with an offer of fast settlement.

It’s usually not in your best interest to accept the first settlement offer. It’s okay to tell the adjuster you are not willing to discuss settlement while still in treatment.

You must notify your own insurance company of the accident, even if it wasn’t your fault. Your auto policy is a binding contract with a “notification and cooperation” clause. You must promptly notify your insurer of the accident. In turn, your insurer has a duty to defend you if you are sued in connection with the crash.

If you choose to hire an attorney, your attorney will handle all communications with the at-fault driver’s insurer and your own insurance company.

Virginia Fault and Liability Rules

Unlike a no-fault state, where you must first rely on your own insurance, The Commonwealth of Virginia is a traditional fault state, meaning you have the right to file an insurance claim against the at-fault driver’s insurance company, or file a lawsuit against the at-fault driver directly.

Virginia Shared Fault Rules

Virginia follows a pure contributory negligence rule. You may be barred from compensation if you share as little as one percent of fault for the accident.

Virginia Car Accident Compensation

The average settlement for a moderate car accident claim in Virginia is $38,212, with average payouts ranging from $7,199 for minor injuries to $325,286 for severe injuries.

Injury settlements in Virginia can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and the available insurance limits.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Fairfax County, Johnson v. Lagarde, CL-2005-0002196, a jury awarded $3,000 for soft-tissue back and neck injuries. The defendant argued plaintiff has a history of the same complaints.
2. In Fauquier County, Huffman v. Foundry Services, CL06000032-00, a jury awarded $375,000 to a woman rear-ended by a tractor-trailer. The woman suffered PTSD from crash trauma.

Factors that impact Virginia car accident compensation include:

• Injury severity
• Shared negligence
• Available insurance coverage
• Number of vehicles involved
• Number of injured victims

Car accidents involving commercial vehicles, like tractor-trailers, often carry higher levels of liability insurance.

Serious or fatal injury claims are best handled by an experienced attorney to ensure the best outcome for the victim and their family.

Virginia State Minimum Insurance Requirements

Vehicle owners in Virginia can either carry insurance liability limits of at least $30,000 per person/$60,000 per accident for bodily injury and $20,000 for property damage, or pay a $500 Uninsured Motor Vehicle (UMV) Fee.

The UMV Fee allows the uninsured driver to legally drive at their own risk. If they cause an accident, the victims can sue them directly, assuming they have any assets worth pursuing.

Insurance companies that sell auto policies in Virginia are required to offer Uninsured and Underinsured Motorist coverage equal to the policy liability limits. The policyholder may reject UM/UIM coverage.

Calculating a Mild to Moderate Injury Settlement

Mild to moderate injury claim values can be estimated using the “multiplier” method. Start by totaling your medical bills, out-of-pocket medical expenses, replacement costs, and lost wages. Then add one to three times that total to account for your pain and suffering.

The insurance company will usually pay a multiple of one for the inconvenience and discomfort of minor injuries. You can reasonably demand a multiple of two or three for injuries that interfered with your daily activities for several weeks or months.

You’ll need an experienced personal injury attorney to get a fair payout for severe injury claims. Your attorney will gather the evidence needed to justify compensation that includes the past and future value of medical expenses, future lost wages, and the extreme pain and emotional suffering caused by serious injuries.