Legal Process for Car Accident Claims in Virginia

Legal Process for Car Accident Claims in Virginia

If you’ve been involved in a car accident in Virginia and wish to pursue a legal claim, it’s important to understand the legal process involved.  Click here instructional guide will walk you through the steps you need to take to navigate the car accident claim process in Virginia.

Step 1: Ensure Safety and Seek Medical Attention

  • Safety First: Immediately after the accident, prioritize safety. Move your vehicle to a safe location if possible and check for injuries to yourself and others involved.
  • Call 911: If there are injuries or significant property damage, call 911 to report the accident and request medical assistance, if necessary.
  • Exchange Information: Exchange contact and insurance information with the other driver(s) involved in the accident.

Step 2: Gather Evidence

  • Document the Scene: Take photos of the accident scene, including damage to vehicles, road conditions, traffic signs, and any visible injuries.
  • Obtain Witness Information: If there are witnesses, collect their contact information. They may be crucial later to support your claim.
  • File a Police Report: Virginia law requires you to report an accident to the police if it results in injury, death, or property damage exceeding $1,500. Make sure to obtain a copy of the police report.

Step 3: Notify Your Insurance Company

  • Contact Your Insurance: Report the accident to your insurance company as soon as possible. Provide them with all relevant information, including the police report and photos.
  • Cooperate with the Adjuster: Your insurance company will assign an adjuster to your claim. Cooperate with them and provide any requested documentation.
  • Step 4: Determine Liability
  • Investigate Liability: Liability is a critical factor in a car accident claim. Insurance companies will determine who is at fault based on the evidence gathered.
  • Contributory Negligence: Virginia follows a contributory negligence system, meaning if you are found even slightly at fault, you may not be eligible for compensation.

Step 5: Negotiate a Settlement

  • Negotiate with the At-Fault Party’s Insurance: If the other driver is at fault, their insurance company may offer a settlement. Consult with your attorney before accepting any offers.
  • Consider Mediation: If negotiations stall, mediation can be an option to resolve the dispute without going to court.


Remember, navigating the legal process for car accident claims can be complex, so it’s essential to consult with an experienced personal injury attorney to guide you through each step and protect your rights throughout the process. Find more info here