Auto Insurance Claims in Virginia: Guide

Virginia Car Insurance Claims: Deadlines, Limits & Your Rights

Virginia is an at-fault (tort) state that follows pure contributory negligence, with minimum liability limits of 30/60/20 ($30,000 per person / $60,000 per accident / $20,000 property damage). Virginia follows contributory negligence. If you bear any fault, you generally cannot recover. Virginia allows driving without insurance if you pay a $500 uninsured motor vehicle fee, but minimum coverage if purchased is 30/60/20. UM coverage is required if carrying liability.

How fault works in Virginia

Virginia is an at-fault (tort) insurance state, which means the driver who caused the crash is liable for the damages. You can pursue the at-fault driver's insurer directly (a third-party claim), file with your own insurer and let them recover from the other side through subrogation, or sue the at-fault driver.

This is the harshest fault rule in the country: if you are found even 1% at fault for the crash, you can be barred from recovering anything from the other driver. Only a handful of states still follow it, and Virginia is one of them — which makes how fault is documented at the scene unusually important here.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Statutory basis: Two-year statute. Va. Code 8.01-243. Five-year statute. Va. Code 8.01-243.

Minimum coverage required in Virginia

Every Virginia driver must carry at least:

• $30,000 bodily injury liability per person
• $60,000 bodily injury liability per accident
• $20,000 property damage liability
• Uninsured/underinsured motorist coverage is required in Virginia
• Personal Injury Protection (PIP) is not required in Virginia.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in Virginia

Virginia is a one-party consent state, so you may legally record your own calls with an adjuster as long as you are part of the conversation — useful for keeping an accurate record of what the insurer promised.

Virginia recognizes bad-faith claims under common law, so if your insurer unreasonably delays, lowballs, or denies a valid claim you may have a separate cause of action beyond the claim itself.

How to file your Virginia claim, step by step

1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in Virginia

If an insurer won't deal fairly, your regulator is Virginia Bureau of Insurance. You can file a complaint at https://www.scc.virginia.gov/pages/Insurance-Consumer-Complaints. General information: https://www.scc.virginia.gov/pages/Bureau-of-Insurance.

Key takeaways for Virginia

• Virginia is an at-fault (tort) state using pure contributory negligence.
• You generally have 2 years to sue for injuries and 5 years for property damage.
• Minimum liability limits are 30/60/20.
• UM/UIM coverage is mandatory. PIP is not required.
• Your regulator for complaints is Virginia Bureau of Insurance.

Educational information, not legal advice. Laws change — confirm current rules with Virginia Bureau of Insurance or an attorney licensed in Virginia. Last reviewed June 2026 · InsurifyAI Knowledge Hub.