Many drivers are unsure whether it’s worth pursuing legal action after a minor crash. While your legal rights depend on several factors (including who was at fault, your injuries, and how the insurance company responds), the short answer is yes—you can sue for a minor car accident in Virginia.
Not every situation requires a lawsuit, but understanding your rights can help you avoid settling for less than you deserve. In this article, our team of car accident lawyers breaks down your options under Virginia law, including when to sue, how contributory negligence works, and what to expect from insurance.
What Virginia Law Says About Your Right to Sue
In Virginia, you can file a lawsuit after a car accident (even a minor one) if the other party’s negligence caused damages. However, there are legal considerations that impact your right to recover compensation:
Virginia Is a Fault-Based State
Virginia operates under a fault-based system, which means the driver responsible for causing the accident must pay for resulting damages. This is different from no-fault states, where each driver’s insurance covers their own losses regardless of who caused the crash.
In Virginia’s fault-based system, determining liability is crucial. The at-fault driver’s insurance may be required to cover:
- Medical expenses (both immediate and long-term care)
- Lost wages and reduced earning capacity
- Property damage to vehicles and other belongings
- Pain and suffering damages
- Emotional distress and mental anguish
After a car accident that wasn’t your fault, you have several options for seeking compensation. You can file a third-party claim with the at-fault driver’s insurance, use your own insurance (and let them pursue subrogation), or pursue legal action directly.
The Role of Virginia’s Contributory Negligence Rule
Virginia follows a strict contributory negligence rule, which means you may be barred from recovering compensation if you’re found even 1% at fault for the accident.
Because the rule allows insurers to deny valid claims by shifting even minimal fault onto you, legal representation can be the difference between a denied claim and a fair settlement.
Insurance Claims vs. Filing a Lawsuit
Most minor accidents are resolved through insurance claims, but there are important distinctions between claims and lawsuits:
- Insurance Claims:
- Generally faster and less formal
- Lower costs and less complexity
- Limited to policy coverage amounts
- May result in quick but potentially lower settlements
- Lawsuits:
- Necessary when insurers deny claims or offer inadequate settlements
- Can pursue compensation beyond policy limits
- Provide formal discovery process to gather evidence
- May take longer but often result in higher compensation
If the insurance company refuses to offer a fair settlement or your losses exceed policy limits, filing a lawsuit may be necessary to recover full compensation. This is particularly important in cases involving ongoing medical treatment or significant property damage.
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800-321-6741
Should You File a Claim for a Minor Crash?
While many minor crashes seem too small to warrant legal action, there are situations where filing a claim makes sense. Even minor car accidents can lead to unexpected expenses, including medical bills and vehicle repairs. In Virginia, you have the right to file a claim to recover these costs, regardless of the accident’s severity.
A free consultation with an attorney from Tronfeld West & Durrett can help you understand the full impact of the accident and whether pursuing compensation through insurance or legal action is the right step for your situation.
Evaluating Your Injuries and Financial Losses
Soft tissue injuries, concussions, and whiplash may not present symptoms right away, but can lead to long-term complications. The full impact isn’t always obvious immediately after the crash, which is why early medical attention and documentation are so important for any potential legal claim.
The financial effects can add up quickly. Between medical bills, lost wages, car repairs, and other unexpected expenses, a minor accident can still leave you with thousands in costs. An experienced injury attorney can help you document the full scope of your losses and ensure you don’t settle for less than what you deserve.
Dealing with Uncooperative Insurance Companies
Insurance companies often attempt to downplay your injuries or claim the damage is too minor for compensation. We know how to deal with insurance companies after a Virginia car accident and push back when their assessments are unfair.
What If the At-Fault Driver Has No Insurance?
If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist (UM/UIM) coverage can provide the necessary financial protection (as stated under Virginia Code § 38.2-2206). This coverage ensures you’re not left bearing the financial burden.
How to File a Lawsuit After a Minor Car Accident in Virginia
Filing a lawsuit isn’t always necessary, but if you decide to take legal action, here are some key steps to take immediately after the accident:
- Seek medical care and document the scene: Always get checked by a medical provider. Take photos of the scene, collect contact details from witnesses, and request a copy of the police report.
- Contact a car accident attorney: Early legal guidance can help you avoid missteps, protect your rights, and assess whether you have a case worth pursuing.
- Negotiating or litigating: We know how to negotiate assertively with insurers. However, if the settlement offer doesn’t reflect your losses, we can prepare to litigate and take the case to court.
Legal Deadlines to Keep in Mind
In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. Property damage claims have a five-year deadline, which applies to recovering repair or replacement costs for your vehicle.
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Choose a Legal Team That Knows Virginia Car Accident Laws
No matter how minor your car accident, choosing the right legal team can make a significant difference in your ability to recover compensation.
If you’re unsure whether to file a claim after a minor car accident in Virginia, contact us today. During your free consultation, a lawyer from our team can help you understand your rights and provide clarity on the next steps.
Call or text 800-321-6741 or complete a Free Case Evaluation form