Is Virginia a no-fault state? No. Virginia is an at-fault state, meaning the driver who causes a crash and that driver’s liability insurer must pay the other person’s medical bills, lost income, and vehicle damage. To collect, you must prove the other driver was negligent and that you were not.
This guide from The Johnson Injury Firm explains what Virginia’s at-fault system means for drivers in Richmond, Henrico County, and Chesterfield County. We cover how fault is decided, the minimum insurance every Virginia driver must now carry, the harsh contributory negligence rule, and the deadlines and courts that shape a claim handled by a Richmond car accident lawyer.
Key Takeaways
- Virginia is an at-fault (tort) state, not a no-fault state, so the negligent driver’s insurer pays for the injuries that driver caused.
- Virginia’s minimum liability limits rose to $50,000 per person, $100,000 per accident, and $25,000 for property damage for policies issued or renewed on or after January 1, 2025, under Va. Code 46.2-472.
- As of July 1, 2024, Virginia no longer lets vehicle owners pay an uninsured motor vehicle fee instead of buying insurance, so every registered vehicle must be insured.
- Virginia follows pure contributory negligence: if you are found even slightly at fault, you can recover nothing from the other driver.
- Optional MedPay coverage and required uninsured/underinsured motorist coverage pay from your own policy, which fills some of the gaps a no-fault system would cover.
- Most Virginia personal injury lawsuits must be filed within two years of the crash under Va. Code 8.01-243(A).
What does it mean that Virginia is an at-fault state?
In an at-fault state, the person who caused the collision is legally responsible for the harm it caused. After a crash on Broad Street, I-95, or Chippenham Parkway, you can file a claim against the at-fault driver’s liability insurance or sue that driver, but you must prove the other driver’s negligence caused your injuries.
The at-fault driver’s insurer does not pay your bills as they come in. It pays one time, at settlement or after a verdict, once the full extent of your injuries and losses is known. That timing surprises many Richmond drivers, and it is one reason your own coverage matters so much in the months after a crash.
How fault is decided after a Richmond crash
Fault is a question of negligence: did a driver fail to use reasonable care, and did that failure cause the crash? Insurers and courts review the police crash report, traffic citations, photos, dashcam and intersection camera footage, witness statements, vehicle damage patterns, and, when needed, accident reconstruction. No single piece of evidence settles the question, and the insurer’s first version of events is not the final word.
How is a no-fault state different from Virginia?
In a no-fault state such as New York, Florida, or Michigan, every driver carries personal injury protection (PIP) coverage. After a crash, your own PIP insurer pays your medical bills and part of your lost wages, regardless of who caused the collision, and your right to sue the other driver is limited unless your injuries cross a legal threshold.
Virginia does not require PIP, and Virginia law does not restrict your right to sue the negligent driver. The trade-off is that you carry the burden of proof. If you cannot show the other driver was at fault, or the other driver proves you shared any fault, the liability insurer owes you nothing.
Virginia’s optional no-fault-style coverages
Virginia does give drivers two ways to get no-fault-style protection from their own policy:
- Medical expense coverage (MedPay). Under Va. Code 38.2-2201, every auto insurer in Virginia must offer at least $2,000 per person in medical expense benefits and up to $100 per week in income loss benefits. MedPay pays regardless of fault, and many drivers buy higher limits.
- Uninsured and underinsured motorist coverage (UM/UIM). Under Va. Code 38.2-2206, every Virginia liability policy must include UM/UIM coverage, generally in amounts equal to your liability limits unless you reject the higher amount in writing. This coverage kicks in when the at-fault driver has no insurance or not enough.
What are Virginia’s car accident insurance laws in 2026?
Virginia car accident laws changed in two important ways over the last two years, and both affect how much money is available after a crash.
Minimum liability limits rose on January 1, 2025
Under Va. Code 46.2-472, auto liability policies issued or renewed on or after January 1, 2025 must carry at least $50,000 for injury or death of one person, $100,000 for injury or death of two or more people in one accident, and $25,000 for property damage. Before 2025, the minimums were $30,000, $60,000, and $20,000. Those are floors, not ceilings, and a serious injury can easily exceed a minimum policy.
The uninsured motor vehicle fee ended on July 1, 2024
For decades, Virginia let a vehicle owner pay an annual uninsured motor vehicle fee to the DMV and legally drive without insurance. That option ended on July 1, 2024. The Virginia DMV now requires every vehicle registered in Virginia to carry a policy that meets the state’s liability limits. Uninsured drivers still exist, which is why UM coverage remains essential, but the law no longer lets anyone legally skip insurance.
Is Virginia a contributory negligence state?
Yes, and this rule catches more Richmond drivers off guard than any other. Virginia is one of only a handful of jurisdictions that still follows pure contributory negligence. If the other driver proves that your own negligence contributed to the crash, even slightly, you recover nothing from that driver. There is no sliding scale and no percentage reduction.
The Supreme Court of Virginia has long held that contributory negligence is a complete defense, and in Rascher v. Friend (2010) the Court confirmed that the defendant bears the burden of proving both that the plaintiff was negligent and that the plaintiff’s negligence was a proximate cause of the accident. That burden protects you: the insurer cannot bar your claim with speculation; it must prove it.
Insurers know how powerful this rule is, so adjusters look for anything that suggests shared fault: a few miles over the limit, a late brake, a glance at a phone, a lane change without a signal. Our page on the Virginia contributory negligence rule explains how the defense works, what happens if you are partially at fault in a car accident, and what evidence can push back against the claim.
How long do I have to file a car accident claim in Virginia?
Under Va. Code 8.01-243(A), you must file a personal injury lawsuit within two years of the date the cause of action accrues, which for a car crash is normally the date of the collision. Claims for vehicle damage alone have a longer period, and wrongful death claims have their own two-year rule measured from the date of death.
Two years sounds generous, but insurance claims do not stop the clock. If you don’t file a lawsuit in time, you lose the claim no matter how strong it is. Because evidence disappears quickly, The Johnson Injury Firm recommends speaking with a Richmond car accident attorney in Richmond long before the deadline.
Which Richmond court hears a car accident case?
Where a Virginia car accident lawsuit is filed depends mostly on the amount of money at stake. Under Va. Code 16.1-77, a General District Court can hear personal injury claims up to $50,000, exclusive of interest and attorney fees. Claims above that amount belong in Circuit Court.
- Richmond General District Court. Faster, less formal, and no jury. Judges decide cases, and the loser can appeal to Circuit Court for a new trial. Many soft-tissue and moderate-injury claims are filed here.
- Richmond Circuit Court. Handles claims over $50,000, allows jury trials, and follows full discovery rules. Serious injury cases are filed here, and both Richmond courts sit in the John Marshall Courts Building downtown.
- Henrico and Chesterfield courts. If the crash happened in Henrico County or Chesterfield County, or the defendant lives there, the case may be filed in that county’s General District or Circuit Court instead.
Common Mistakes Our Attorneys See After Richmond Crashes
Because Virginia is an at-fault, contributory negligence state, small early decisions carry outsized weight. These are the missteps The Johnson Injury Firm sees most often:
- Apologizing or guessing at the scene. “I’m sorry” or “I didn’t see you” ends up in the adjuster’s file as an admission of fault.
- Giving a recorded statement to the other driver’s insurer. You are not required to give one, and adjusters are trained to draw out details that suggest shared blame.
- Waiting to see a doctor. Gaps in treatment let the insurer argue your injuries came from something else.
- Assuming the other driver’s insurer will pay your bills now. It will not. Use MedPay and health insurance first, and keep every receipt.
- Accepting the first offer. Early offers arrive before the full cost of your injuries is known, and signing a release ends the claim for good.
If you have questions about your own situation, our Richmond car accident FAQ answers the questions we hear most, and a free consultation with our team can address the rest.
Frequently Asked Questions
Is Virginia an at-fault state for car accidents?
Yes. Virginia is an at-fault (tort) state. The driver who negligently causes a crash is responsible for the resulting injuries and property damage, and that driver’s liability insurer pays the claim. Injured drivers can also sue the at-fault driver.
Does Virginia have no-fault insurance or PIP?
No. Virginia does not require personal injury protection and has no no-fault system. The closest substitute is optional medical expense coverage, often called MedPay, which insurers must offer under Va. Code 38.2-2201 and which pays your medical bills regardless of fault.
What are the minimum car insurance limits in Virginia?
For policies issued or renewed on or after January 1, 2025, Va. Code 46.2-472 requires at least $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage. Policies written before that date carried $30,000, $60,00,0 and $20,000 minimums.
Can I still pay the uninsured motor vehicle fee in Virginia?
No. The option to pay a fee instead of carrying insurance ended on July 1, 2024. Every vehicle registered in Virginia must now have a liability policy that meets the state minimums.
What happens if I was partly at fault for a Richmond accident?
Under Virginia’s pure contributory negligence rule, if the other driver proves your negligence helped cause the crash, you cannot recover damages from that driver. You must prove the defense with evidence, not assume it, and your MedPay and health insurance still pay regardless of fault.
How long do I have to sue after a car accident in Virginia?
Va. Code 8.01-243(A) gives you two years from the date of the crash to file a personal injury lawsuit. Filing an insurance claim does not extend that deadline, so it is wise to involve an attorney well before the two years run out.
Talk to The Johnson Injury Firm About Your Richmond Crash
Virginia is not a no-fault state, and that single fact changes everything about how a Richmond car accident claim works. The at-fault driver’s insurer pays only after fault is proven, contributory negligence can wipe out an otherwise strong claim, and the two-year deadline under Va. Code 8.01-243(A) does not wait for the insurance company.
The Johnson Injury Firm helps injured drivers across Richmond, Henrico County, and Chesterfield County gather evidence to prove fault, defend against contributory negligence arguments, and pursue full compensation. Learn how our Richmond car accident attorneys approach these claims, then request a free consultation or call (804) 587-8423. There is no fee unless we recover for you.
