This calculator estimates what a car accident injury claim could be worth under Virginia law. It applies Virginia’s contributory negligence rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Because Virginia still uses contributory negligence, even 1% of fault on your side drops the estimate to $0. That is how strict the rule is in court, and why insurers there push hard on fault.
Virginia rules behind this estimate
Fault. Virginia is one of only five places that still use contributory negligence. If you are found even slightly at fault, a court can bar your claim entirely. That makes proof of the other side’s fault, such as a police report, photos and witness statements, especially important. Narrow exceptions, such as the other driver’s gross or willful negligence and last clear chance, can still allow recovery.
Deadline. You have two years from the crash to file a lawsuit in Virginia. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. Virginia is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $50,000 per injured person, $100,000 per crash and $25,000 for property damage, written 50/100/25. Raised from 30/60/20 on January 1, 2025. Paying a fee to drive uninsured ended in 2024. Uninsured motorist coverage is also required.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Virginia car accident questions
What if the other driver only has the Virginia minimum?
Their insurer will usually pay no more than $50,000 for your injuries. Your own underinsured motorist (UIM) coverage can pay the difference up to your limit. Enter both above to see the ceiling.
Can I still claim if I was partly at fault in Virginia?
Usually not. Virginia uses contributory negligence, which can bar your claim if you were even slightly at fault. Narrow exceptions exist, so talk to a lawyer before giving up.
How long do I have to file a car accident claim in Virginia?
two years from the crash to file a lawsuit. Report the claim to the insurers within days.
Is Virginia a no-fault state?
No. Virginia is an at-fault state, so you claim against the at-fault driver’s liability insurance, or your own coverage if theirs is too low.
Does Virginia cap pain and suffering damages?
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.