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What to Do After a Car Accident That’s Not Your Fault in Virginia

A crash caused by another driver can leave you overwhelmed and unsure what comes next. Knowing what to do after a car accident that was not your fault can protect both your health and your right to recover compensation.

In Virginia, the actions you take immediately after a collision, from seeking medical care to documenting the scene, can have a significant impact on your claim. This guide explains the essential steps and how an experienced attorney can help if you’ve been seriously injured.

What Should You Do After a Car Accident That Was Not Your Fault?

Immediately after a collision, check yourself and others for injuries and call 911 if anyone is hurt. If it is safe to do so, move your vehicle out of traffic to reduce the risk of another crash. Virginia law requires drivers involved in accidents resulting in injury, death, or certain property damage to stop and fulfill specific legal obligations, including notifying law enforcement when appropriate. 

Even if you believe your injuries are minor, seek prompt medical attention. Some injuries, including concussions, internal injuries, and soft tissue damage, may not produce symptoms right away. Early medical treatment also creates documentation that can support your claim.

Begin Gathering Evidence

If you are physically able, begin gathering evidence while you wait for law enforcement.

Be sure to:

• Call the police so an accident report can be prepared;
• Exchange contact, driver’s license, registration, and insurance information with the other driver;
• Take photographs of the vehicles, road conditions, skid marks, traffic signs, debris, and any visible injuries; and 
• Obtain the names and contact information of any witnesses.

Avoid discussing who caused the accident. Even a polite apology can later be interpreted as an admission of fault. If you need a copy of the police report later, you can request one through the Virginia Department of Motor Vehicles.

Continue Following Your Doctor’s Advice

After leaving the scene, continue all recommended medical treatment. Attend follow-up appointments, fill prescriptions, and complete any physical therapy or specialist referrals.

Insurance companies often argue that delayed treatment means an injury was not serious. Consistent medical care not only supports your recovery but also helps demonstrate the extent of your injuries.

Keep copies of medical bills, treatment records, repair estimates, and documentation of any lost wages. These records may become important when calculating your damages.

Report the Accident to Your Insurance Company

Virginia is an at-fault state, meaning the driver who caused the crash is generally responsible for the damages.

Even so, you should notify your own insurance company as soon as possible. Your policy may require prompt reporting, and your uninsured or underinsured motorist (UM/UIM) coverage could become important if the at-fault driver lacks adequate insurance. Virginia generally requires automobile liability policies to include UM/UIM coverage. 

When speaking with any insurance company, stick to the facts. You are not required to speculate about fault or provide a recorded statement to the other driver’s insurer before understanding the extent of your injuries.

Understand Virginia’s Contributory Negligence Rule

Virginia follows one of the nation’s strictest negligence rules. Under the doctrine of contributory negligence, an injured person who is found even slightly responsible for causing the accident may be barred from recovering damages.

Because insurance companies sometimes attempt to shift blame to injured drivers, preserving evidence and seeking legal advice early can be especially important in serious injury cases.

Avoid Common Mistakes

Many valid claims become more difficult because of avoidable mistakes. Try to avoid:

• Admitting fault at the scene,
• Posting about the accident on social media,
• Delaying medical treatment,
• Missing medical appointments, or
• Accepting a quick settlement before you know the full extent of your injuries.

The value of a claim often cannot be determined until your medical condition has stabilized.

When Should You Contact a Virginia Car Accident Lawyer?

Not every collision requires legal representation. However, if you suffered serious injuries, liability is disputed, or the insurance company is minimizing your claim, consulting an attorney can help you learn what to do after a car accident that was not your fault.

The Law Firm of Carlton F. Bennett, P.L.L.C., focuses on serious injury and wrongful death cases. Rather than handling a high volume of minor claims, the firm is dedicated to helping people whose lives have been significantly changed by another person’s negligence. Carlton Bennett’s decades of experience have earned the respect of clients and fellow attorneys alike, with other lawyers frequently referring complex cases to his firm.

Take the Right Steps from the Beginning

Taking the proper steps to take after a car accident that was not your fault can make a significant difference in both your recovery and your legal claim. Seeking medical care, preserving evidence, following your doctor’s recommendations, and understanding Virginia’s unique legal rules can help protect your rights from the very beginning.

If you have suffered serious injuries in a car accident that was not your fault, The Law Firm of Carlton F. Bennett, P.L.L.C. can answer your questions, explain your legal options, and pursue the compensation you deserve.

Frequently Asked Questions

What Should I Do Immediately After a Car Accident That Was Not My Fault in Virginia?

After a car accident in Virginia, you should: make sure everyone is safe, call 911 if necessary, notify law enforcement, exchange information with the other driver, photograph the scene, gather witness information, and seek medical care as soon as possible. Avoid admitting fault or discussing the accident in detail with the other driver’s insurance company.

Does Virginia Have No-Fault Car Insurance?

No. Virginia is an at-fault state. The driver who caused the accident is generally responsible for the damages suffered by others. Depending on the circumstances, compensation may come through the at-fault driver’s insurance or your own uninsured/underinsured motorist coverage.

How Does Virginia’s Contributory Negligence Law Affect a Not-At-Fault Accident Claim?

Virginia’s contributory negligence rule is very strict. If you are found even partially responsible for causing the accident, you may be prevented from recovering compensation. Strong evidence is often critical to proving liability.

How Long Do I Have to File a Claim After a Car Accident That Was Not My Fault in Virginia?

In most cases, Virginia law gives you two years from the date of the accident to file a personal injury lawsuit. Waiting too long can make it harder to preserve evidence, so it is wise to speak with an attorney promptly.

What Compensation Can I Recover After a Car Accident That Was Not My Fault in Virginia?

Depending on the circumstances, you may be able to recover compensation for medical expenses, lost income, future medical care, pain and suffering, permanent disability, and property damage. The amount available depends on the severity of your injuries and the specific facts of your case.

 Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Va. Code §§ 46.2-894, 46.2-895 – Legal obligations after a car accident
• VA DMV – Request a police crash report
• Va. Code § 38.2-2206 – Uninsured motorist insurance coverage
• Va. Code § 8.01-243 – Statute of limitations