Is Virginia a No-Fault State for Car Accidents?

Did you suffer injuries in a Virginia car accident? You’re likely wondering who will pay for your medical bills, vehicle repairs, and other losses. Financial relief could be possible for you. If someone else caused the wreck, Virginia’s auto insurance system gives you the right to demand compensation from the responsible party(s).

Some states use a no-fault model for auto accident claims. Not Virginia. Virginia follows an “at-fault” or “fault-based” system for car accidents. This system allows crash victims to file insurance claims or personal injury lawsuits against at-fault drivers or other liable third parties after a crash.

Although fault-based car accident systems seem straightforward, seeking compensation is often challenging because you must prove the other party is responsible. Making matters more complex is the fact that the Commonwealth has some of the harshest negligence laws in the country.

At Lichtenstein Law Group PLC, our Virginia car accident lawyers fight to help the wrongfully injured obtain maximum compensation for their losses. Let us handle every aspect of your legal claim while you recover from your injuries and focus on what’s next. Contact us today for a free consultation.

Car Accident Statistics in Virginia

Recent car accident statistics from the Virginia Department of Motor Vehicles highlight the frequency and severity of motor vehicle collisions in the Old Dominion:

• On average, a car accident occurred every 4.4 minutes in a recent year.
• An estimated 161 people sustained injuries from car accidents each day.
• There were 118,498 car accidents in Virginia.
• Of those crashes, 6,749 involved alcohol.
• A staggering 24,620 Virginia car accidents were due to speeding, a 10-percent spike in just one year.
• Nearly 21,000 collisions involved distracted drivers.
• There were 968 traffic deaths, jumping 14 percent from the prior year.

 What is the Difference Between At-Fault and No-Fault Systems?

Most states use at-fault auto insurance systems for car accident claims. A dozen states have no-fault systems, and only three use “choice” systems that allow drivers to opt into either at-fault or no-fault systems. The key distinctions between the systems revolve around whether accident victims have the right to sue or file claims against third parties and who pays for accident victims’ losses.

At-fault states like Virginia allow car accident victims to seek compensation if another party’s negligence contributes to a crash. Drivers in at-fault states carry liability insurance policies, which pay for injuries and related losses when the policyholder is at fault for an accident. Insurance providers in at-fault states pay for these losses up to the policy limits. If an accident victim disagrees with a settlement offer from the insurer or their losses exceed the limits of the available policy, they can pursue compensation through a car accident lawsuit in court.

The rules are different in a no-fault state. Drivers must purchase no-fault insurance, requiring them to file initial injury claims with their own providers first. Those insurers pay no-fault claims no matter who caused the wreck. This guaranteed form of accident coverage decreases the need for accident victims to seek compensation from other parties. But it also has drawbacks, establishing limits on who is eligible to seek compensation in court.

However, accident victims in no-fault states can usually step outside the no-fault system and file personal injury claims against third parties under certain conditions. Usually, this is possible when they sustain severe crash injuries or incur accident-related expenses that exceed specific dollar thresholds.

What are the Auto Insurance Requirements in Virginia?

As an at-fault state, Virginia requires drivers to carry minimum amounts of liability insurance coverage or pay an uninsured motorist fee to drive at their own risk.

Minimum insurance requirements for policies effective Jan. 1, 2022 include:

• $30,000 per person in bodily injury liability coverage
• $60,000 per accident in bodily injury liability coverage
• $20,000 per accident in property damage liability coverage

It’s wise to purchase as much car insurance coverage as you can in Virginia, including optional uninsured and underinsured motorist coverage. There’s no guarantee that an uninsured motorist will have the resources to pay for your losses even if you take them to court, so you can protect yourself by carrying as much liability insurance coverage as possible.

How Do You Prove Fault in a Virginia Auto Accident?

To obtain compensation in a Virginia auto accident case, you must prove the other party was at fault or negligent in a way that contributed to the crash and your injuries.

If you can show the other party violated certain traffic laws, such as by speeding or driving under the influence, you could have a negligence per se case. That means you only need to prove the violation occurred to hold the other party responsible. Otherwise, you will need to provide evidence that the other party was negligent and that their recklessness directly caused the accident that injured you. An experienced car accident attorney can investigate your case and gather the necessary proof to build a compelling claim for compensation.

What Does Contributory Negligence Mean in Virginia?

Virginia’s pure contributory negligence law can drastically limit an accident victim’s ability to recover compensation for their losses. The rule says crash victims cannot obtain money for their losses if they are found even one percent at fault for an accident. No insurance company wants to make a payout, so it’s guaranteed that adjusters will search for any reason to push responsibility for the collision onto you. A knowledgeable injury lawyer can protect you from being unfairly blamed for a wreck.

What is the Deadline for Filing a Virginia Car Accident Lawsuit?

If you cannot recover fair compensation from a car accident insurance claim, you may need to take the other party to court. Virginia law gives you two years from the date of the accident to sue. The team at Lichtenstein Law Group can help you identify critical deadlines and keep your case on track from day one.

How Can a Virginia No-Fault Car Accident Lawyer Help?

When you call Lichtenstein Law Group PLC for help after a Virginia car accident, you can rest easy knowing your case is in good hands. We will work tirelessly to demand the compensation you deserve for your losses. Contact us today for a free case review.