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How Long After a Car Accident Can You File an Insurance Claim in Virginia?

After a serious crash, one of the first questions many people ask is, How long do I have to file an insurance claim after a car accident in Virginia? Between medical treatment, car repairs, and lost wages, it’s easy to lose track of important deadlines, but timing is critical. Missing the window to file can cost you the compensation you deserve.

With over 50 years of experience, attorney Carlton F. Bennett has guided countless Virginians through the complex process of filing car accident claims. Our firm is dedicated to helping injury victims act quickly and strategically to protect their rights and secure fair compensation.

Understanding the Time Limits for Car Accident Claims

Virginia has two different timelines to keep in mind after a crash:

1. The insurance company’s reporting deadline—how soon you must notify them of the accident; and
2. The statute of limitations—the time frame for filing a lawsuit after negotiations fail.

Each plays a significant role in whether you can recover compensation for your injuries and damages.

The Insurance Reporting Deadline

Most auto insurance policies require you to report an accident “promptly” or “as soon as practicable.” While Virginia law doesn’t specify an exact number of days, insurers often interpret this to mean within 24 to 72 hours of the collision. Failing to notify them within that timeframe could result in a denied claim or delayed payout.

Even if you’re still waiting on medical results or police reports, make the call early. You can always provide additional details later, but you cannot fix a missed notice requirement.

The Statute of Limitations for Car Accident Lawsuits in Virginia

If an insurance settlement doesn’t fully cover your losses, you may need to pursue legal action. Virginia law gives you a limited time to file that lawsuit:

• Two years from the date of the accident for personal injury claims, and
• Five years from the date of the accident for property damage claims.

These deadlines are firm. If you file after the statute of limitations expires, your case will likely be dismissed, no matter how strong your evidence may be. That is why working with an attorney early can be so valuable; they’ll make sure your case stays on track.

Exceptions to the Time Limit

While deadlines in Virginia are strict, a few exceptions may extend them in rare circumstances:

• Minors. If the injured person is under 18, the clock typically doesn’t start running until they reach adulthood.
• Incapacitation. If a victim is legally incapacitated, the deadline may pause until they regain the ability to act.
• Absence of the defendant. If the at-fault driver leaves Virginia or can’t be located, the time limit may be extended.

Because these exceptions can be nuanced, it’s crucial to confirm them with a knowledgeable attorney. The safest approach is to assume the standard deadlines apply and act quickly.

Why Acting Fast Protects Your Claim

Every day that passes after a crash can weaken your claim. Evidence can disappear, witnesses may forget details, and insurance companies might argue that your injuries weren’t serious if you delayed treatment or reporting.

Taking early action strengthens your credibility, preserves evidence, and positions you for a stronger settlement. The earlier you contact an attorney, the more options you’ll have for negotiation or litigation.

Frequently Asked Questions

Before you file your claim, here are answers to some of the most common questions drivers ask about the car accident insurance claim time limit in Virginia.

What Is the Deadline to File a Car Accident Insurance Claim in Virginia?

You should report the crash to your insurance company as soon as possible, ideally within a few days. Each policy sets its own reporting rules; however, waiting too long could result in a denial. To preserve your right to compensation, also remember that the statute of limitations for car accident insurance claim lawsuits is two years from the date of injury.

What Happens If I Miss My Insurance Company’s Reporting Deadline?

If you don’t report your accident promptly, the insurer might deny your claim on the grounds of late notice. That can prevent you from recovering even basic benefits, such as property damage repairs. If that happens, a lawyer may still be able to intervene and argue for reinstatement, but your position is much stronger if you report on time.

Is the Deadline Different for Property Damage vs. Personal Injury Claims?

Yes. Personal injury claims (for medical bills, pain and suffering, or lost income) must be filed within two years, while property damage claims (such as repairs to your car) have five years. It’s best to begin both processes immediately after the crash to avoid confusion or missed opportunities for recovery.

Should I Notify the Other Driver’s Insurance Company, or Just My Own?

You should notify your own insurer first. They can advise whether to contact the at-fault driver’s insurance company directly. Avoid giving a recorded statement to the other driver’s insurer without legal counsel, as they may use your words to minimize or deny your claim.

Do I Need a Lawyer If I’m Close to Missing the Deadline?

Absolutely. If you’re approaching any filing or reporting deadline, an attorney can act quickly to preserve your rights. They can notify insurers, draft necessary paperwork, and confirm that your claim meets all statutory requirements. With decades of personal injury experience, Carlton Bennett’s team understands how to manage time-sensitive cases efficiently and effectively.

Talk to a Virginia Car Accident Lawyer Before It’s Too Late

If you’ve been injured in a crash and are unsure how long you have to file an insurance claim after a car accident in Virginia, don’t wait for deadlines to pass. Acting fast can mean the difference between receiving full compensation and losing your right to recover.

At The Law Firm of Carlton F. Bennett, we bring over 50 years of experience handling complex personal injury and insurance claims across Virginia. Our firm is trusted by clients and peers alike because we focus on serious, high-value cases, not quick settlements.

Call our office today to discuss your claim, understand your timeline, and take the next step toward protecting your future.