Virginia's Auto Insurance Conundrum: Understanding The No-Fault System

Virginia is not a no-fault state for auto insurance. It is an “at-fault” or “tort” state, meaning the person at fault for a car accident is responsible for paying for other people's injuries and property damage. In no-fault states, drivers are required to carry personal injury protection (PIP) insurance to cover their medical expenses after a car accident, regardless of who is at fault. In Virginia, PIP is not required. Virginia is one of a dozen or more states that utilize a no-fault system when it comes to financial responsibility for injuries and damages caused by a car accident. While Virginia is not a true no-fault state, it does have a variation of no-fault insurance in which insurers pay first-party claims.

Virginia is an 'at-fault' car accident state

In Virginia, fault is based on the legal theory of negligence. A driver (or other party) is deemed negligent when they fail to take due care. Some common examples of negligence include speeding, running stop signs or red lights, unsafe lane changes, tailgating, distracted driving, drunk driving, and inattentive driving.

If you are found to be at fault for an accident in Virginia, you are financially liable for the losses of others. However, if you are partly at fault, you may not be able to recover compensation under Virginia's pure contributory negligence laws. This means that if you are found to be even slightly at fault, you could be barred from receiving any compensation for your own injuries or losses.

In terms of insurance, Virginia is not a "true" no-fault state, but it does have a variation of no-fault insurance, where insurers pay first-party claims. This is known as an "add-on" no-fault state, where drivers can pay extra to add Personal Injury Protection (PIP) to their policy. In the case of an injury, a driver with PIP protection will be compensated regardless of who was at fault for the accident.

Virginia requires all drivers to carry liability insurance, which covers the expenses of others in the event that the policyholder causes an accident. This includes damage to other vehicles and their medical expenses. Virginia also requires drivers to carry uninsured motorist (UM) coverage.

It is important to note that Virginia has some of the strictest contributory negligence laws in the country, so it is crucial to establish that the other driver is 100% responsible for the accident. The police will typically file a report describing the crash, which includes evidence such as vehicle damage, signs of driver intoxication, skid marks, and witness statements.

If you are involved in a car accident in Virginia, you may want to consult with an attorney to ensure your rights are protected and to help you navigate the insurance claim process.

Virginia is not a 'true' no-fault state

Virginia is not a "true" no-fault state, instead, it operates under a traditional "fault"-based system. This means that the person deemed "at-fault" for a car accident is financially liable for the resulting harm, including injuries, lost income, and vehicle damage. In most cases, the at-fault party will be a driver, but other parties such as vehicle manufacturers and highway construction companies may also be found at fault.

Virginia is one of a dozen or more states that utilize a "no-fault" system when it comes to financial responsibility for injuries and damages caused by a car accident. In these states, drivers receive compensation for injuries from their own insurance policy, regardless of who was at fault for the accident. However, Virginia is not a true no-fault state as it does not require drivers to file accident claims against their own insurance after crashes. Instead, drivers in Virginia can sue to get money for injuries, damages, and pain and suffering.

Virginia is unique in that it is one of only four remaining states that still use the harsh "contributory negligence" doctrine for car accidents. This means that if a person is found to be even slightly at fault for an accident, they may be barred from recovering any compensation. This is in contrast to the comparative fault system used by many other states, where a person's own negligence simply reduces the amount of compensation they can recover.

While Virginia does not require drivers to carry car insurance, those who choose not to must pay a $500 uninsured motor vehicle fee to the Virginia Department of Motor Vehicles. For those who do opt for insurance, Virginia requires a minimum of $30,000 in liability coverage for bodily injury or death of one person in an accident, $60,000 in liability coverage for total bodily injury or death liability, and $20,000 in liability coverage for property damage per accident.

Virginia's contributory negligence system

Virginia is an 'at-fault' auto accident jurisdiction, which means that the party deemed 'at fault' for a car crash is legally liable for the resulting damages. In most cases, the at-fault party will be a driver, but other parties, such as vehicle manufacturers and highway construction companies, may also be found at fault.

Virginia is one of only a few states with a policy of contributory negligence. This means that if a plaintiff is found to be even slightly at fault for an accident, they may be barred from recovering any compensation from the defendant. This is in contrast to the comparative negligence doctrine followed by most states, which allows plaintiffs to recover compensation even if they share some fault in their injury, with their award reduced by a percentage of their fault.

Virginia's contributory negligence law can be traced back to the 1947 court case Baskett v. Banks, in which the Supreme Court of Virginia stated, "No person is entitled to recover from another for damages which have been occasioned by his [or her] own act or his own neglect." This was reaffirmed in the 1962 case Great Atlantic & Pacific Tea Co. v. Rosenberger, where a woman slipped on a puddle of liquid starch in a grocery store. The Supreme Court of Virginia decided that the woman was responsible for her injury because she didn't see the starch against the white floor, and the store was "not required to warn" of a "dangerous condition that was open and plainly visible to a person reasonably alert for [their] own safety."

• A driver hits another car after running through a stop sign, but the other driver did a rolling stop instead of a full stop.
• A vehicle hits a pedestrian crossing the road, but the pedestrian failed to use a crosswalk or obey the crosswalk signal.
• A person slips on someone's icy sidewalk in the winter, but they were running instead of walking.
• Someone is hit by an oncoming car that has strayed into their lane, but they were speeding.
• Someone is in a car accident with a drunk driver but was not following the basic rules of the road.

In all these cases, the defendant may be considered mostly responsible, but the plaintiff's small share of negligence may be enough to bar them from receiving compensation under Virginia's contributory negligence law.

Virginia's auto accident claims process

Virginia is not a no-fault state for auto accidents. Instead, it is an 'at-fault' auto accident jurisdiction, meaning the party deemed at fault for a car crash is legally liable for the resulting damages. In most cases, the at-fault party will be a driver, but other parties, such as vehicle manufacturers and highway construction companies, may also be found at fault.

Virginia is one of only four remaining states that still use the harsh 'contributory negligence' doctrine for car accidents. This means that if a person is injured in part due to their own negligence, they are not entitled to collect any damages.

Investigation

If you or your loved one is involved in a serious crash in Virginia, it is important to conduct a comprehensive investigation as soon as possible. Consult with a lawyer, who will ensure that your collision is comprehensively investigated and that all relevant evidence is secured.

Insurance

In Virginia, vehicle owners are required to carry liability car insurance. As of July 1, 2024, state law requires vehicle owners to certify that they carry the minimum required amounts of insurance on their vehicle before they can register it. The minimum liability car insurance coverage in Virginia is:

• $30,000 in liability coverage for bodily injury or death of one person in an accident.
• $60,000 in liability coverage for total bodily injury or death liability in an accident.
• $20,000 in liability coverage for property damage per accident.

Note that these liability minimums are set to increase for car insurance policies in effect as of January 1, 2025.

Virginia also requires drivers to have uninsured motorist (UIM) coverage, which applies when you are in a crash caused by an uninsured driver. The required UIM coverage minimums are the same as the liability minimums outlined above.

Claims and Lawsuits

If you've been injured in a car accident in Virginia, you have several options:

• File a claim with your own car insurance company, regardless of who caused the accident, if you have personal injury protection/medical payments coverage (for injuries) or collision coverage (for vehicle damage).
• File a "third-party" car insurance claim with the other driver's insurance carrier and negotiate a settlement that covers your losses (usually an option if the other driver is clearly at fault).
• File a personal injury lawsuit against the at-fault driver in court (the driver's insurance coverage would still come into play here, and your lawsuit could settle out of court).

It's important to note that Virginia has a statute of limitations for car accident lawsuits, which sets a strict time limit on your right to bring a lawsuit to court. For lawsuits over car accident injuries, you must file within two years of the accident date. For lawsuits over vehicle damage, the deadline is five years. If the car accident caused someone's death, the deadline is two years from the date of the victim's death, which could be later than the date of the accident.

Fault and Negligence

In Virginia, fault is based on the legal theory of negligence. A driver is negligent when they fail to take due care, which can take many forms, including speeding, running stop signs, drunk driving, distracted driving, and more. A driver whose negligence caused a crash is at fault and responsible for the resulting damages.

When determining fault, the police, the insurance company, and the court (judge or jury) will investigate the car accident. The police will respond to the accident scene, interview drivers, passengers, and witnesses, and file a Police Crash Report, which may include information on liability. The insurance company will assign an adjuster to your case, who will decide who they believe is at fault and what defenses may apply. If a fair settlement is not offered, your attorney will file a personal injury action with a court, and a judge or jury will decide who was negligent and award monetary damages accordingly.

Damages

There are two types of damages in car accident claims: compensatory damages and punitive damages. Compensatory damages include economic and non-economic damages calculated to compensate for property damage, medical expenses, lost wages, pain and suffering, and more. Punitive damages, on the other hand, punish the negligent driver and are only sought if the defendant acted recklessly or intentionally.

Working with an Attorney

While you can handle your auto accident claim on your own, it is usually recommended to consult with an attorney. Accident victims who hire an attorney often recover more money through settlement than those who don't, as a skilled lawyer knows how to develop and present a case to get the most money from the insurance company or jury. An attorney can also help you navigate the claims process and ensure that your rights are protected.

Virginia's auto insurance requirements

Virginia is an "'at-fault' car accident state, meaning the driver deemed responsible for the accident is legally liable for the resulting damages. It is not a "true" no-fault state, but it does have a variation of no-fault insurance, where insurers pay first-party claims. This is known as an "add-on" no-fault state.

Virginia requires vehicle owners to carry liability car insurance. The minimum insurance requirements are:

• $30,000 in liability coverage for bodily injury or death of one person in an accident caused by the owner/driver of the insured vehicle.
• $60,000 in liability coverage for total bodily injury or death liability in an accident caused by the owner/driver of the insured vehicle.
• $20,000 in liability coverage for property damage per accident caused by the owner/driver of the insured vehicle.

These liability minimums are set to increase for car insurance policies effective as of January 1, 2025.

Virginia also requires uninsured motorist coverage, with the same minimums as the liability coverage outlined above. This applies to pay for medical bills and other accident-related losses when the policyholder is in a crash caused by an uninsured driver.

While vehicle insurance is required, Virginia does offer an alternative. Vehicle owners can pay a $500 uninsured motor vehicle fee to the Virginia Department of Motor Vehicles, instead of purchasing insurance. However, this option will no longer be available as of July 1, 2024.

If a driver is found to be uninsured, they may face the following penalties:

• Suspension of driving privileges
• Suspension of vehicle registration
• Payment of a $600 non-compliance fee
• Filing a Financial Responsibility Insurance Certificate (SR-22) with the Virginia DMV for three years

Frequently asked questions