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How Long Do I Have to File a Car Accident Lawsuit in Virginia?

A car accident can leave you facing medical appointments, repair shops, and calls from insurance adjusters. In the middle of all that, the law is already counting down the time you have to take legal action. If you’ve been asking, “How long do I have to file a lawsuit after a car accident in Virginia?” the answer isn’t as straightforward as you might expect.

Virginia law sets firm time limits, called the car accident statute of limitations. These deadlines dictate how long you have to bring a claim, and missing them can end your chance to recover compensation.

But the rules vary depending on whether your claim involves injuries, property damage, or other circumstances. Below, we’ll walk through how the statute of limitations applies in different types of car accident claims, exceptions that may extend the deadline, and what to do if time is running short.

Personal Injury Claims

In Virginia, the deadline for filing a personal injury lawsuit after a car accident is two years from the crash date. This time limit applies to claims for physical injuries, emotional distress, and the financial impact that follows. That might include lost income if you cannot work, transportation costs for medical care, or adjustments needed at home if the accident left you permanently disabled.

Missing the two-year window means the court will likely dismiss your case, and you will have lost the opportunity to pursue compensation.

Wrongful Death Claims

When a car accident leads to the loss of a loved one, Virginia law allows certain family members to bring a wrongful death lawsuit. The deadline is also two years, but the clock does not start on the day of the crash. Instead, it begins on the date of death.

Wrongful death lawsuits must also be filed by the personal representative of the deceased’s estate, which means the family must have that person legally appointed before proceeding with the claim.

Property Damage Claims

Not every car accident leads to injuries. Sometimes the damage is to your vehicle or the belongings inside it. In Virginia, you have up to five years from the date of the crash to file a claim for property damage.

That extra time might sound generous, but there’s an important catch: if you suffered injuries in the crash, the two-year deadline for personal injury still applies. The five-year window only applies to the property portion of your claim and does not extend the time you have to bring a case for injuries.

Are There Exceptions to the Statute of Limitations on a Car Accident?

Yes. Most cases follow the standard deadlines, but certain circumstances can extend the time.

Injured Minors

For anyone under 18, the two-year deadline does not begin until their 18th birthday. If you and your child are both hurt in a crash, you must file your claim within two years of the accident, but your child would have until age 20.

Incapacitated Individuals

If injuries leave someone unable to handle their legal affairs, the clock pauses until they regain capacity. For example, a traumatic brain injury that prevents decision-making could delay the deadline until recovery.

Government Entities

Special notice rules apply when a government agency is at fault. Before suing, you must file a written notice. Claims against a state agency require notice within one year, while claims against a city, county, or town require notice within six months. 

For instance, if a city garbage truck caused a crash, notice must be filed within six months, or the case may never proceed.

At-Fault Driver Leaves the State

If the driver who caused the crash leaves Virginia to avoid a lawsuit, the deadline pauses until they return. You may need to show evidence that they left or hid on purpose. This rule keeps your rights intact even if the other driver tries to dodge accountability.

Steps to Take If Nearing the Car Accident Statute of Limitations Deadline

If the deadline for filing a car accident claim is approaching, time is your biggest enemy. Missing it almost always means the court will dismiss your case, no matter how strong it is, leaving you with no way to recover compensation. We recommend taking the following steps right away.

1. Contact a Lawyer Immediately

The first step is to contact a Virginia Beach car accident lawyer as soon as possible. An attorney can:

• Confirm your deadline. Time limits can vary depending on the facts of your case. A lawyer can determine precisely how much time you have and whether exceptions apply.
• Assess your claim. They can review the circumstances of the crash and the losses you’ve suffered to see what damages you might be entitled to recover.
• File your lawsuit. If the clock is running out, your attorney can get the paperwork into court before the deadline passes.

Hiring a lawyer sooner rather than later gives them the time to prepare your case thoroughly instead of rushing against the clock. 

2. Gather All Relevant Evidence

Start organizing what you already have, such as:

• Medical records and billing statements;
• Police accident report;
• Witness contact information; and
• Photos, videos, or insurance correspondence.

Organizing this information makes it easier for your lawyer to intervene and move things forward before the deadline runs out.

3. File the Claim to Preserve Your Rights

The only way to stop the statute of limitations clock is to file a car accident claim with the court. Your attorney will prepare and file the complaint on your behalf. This filing preserves your right to seek compensation, even if the rest of the case continues to develop later.

Decades of Experience Handling Car Accident Claims

If you need help deciphering Virginia’s statute of limitations and how it applies to your case, a Virginia Beach car accident lawyer from The Law Firm of Carlton F. Bennett, P.L.L.C. can review your situation, explain the statute of limitations that applies, and take the steps needed to protect your rights.

For 50 years, our firm has guided Virginia families through car accident cases. We know how the deadlines apply, how courts treat late filings, and how to preserve your right to compensation. That experience allows us to act decisively when time is short.

Call today for a free and confidential consultation.

Resources:

• Code of Virginia, § 8.01-195.7, Claims Against the Commonwealth of Virginia, link.