You're visiting Richmond for business when another driver runs a red light and crashes into your rental car. On top of the medical bills, car damage, and lost wages, now you’re trying to understand Virginia's legal system from hundreds of miles away.
At The Mottley Law Firm, our Richmond car accident lawyer helps out-of-state drivers who've been injured in Virginia crashes. We understand the unique challenges of non-residents in these situations and can guide you through the specific Virginia car accident laws that may apply to your case.
Legal Jurisdiction in Out-of-State Accident Claims
When you're injured in a car accident in Virginia, the state's laws apply to your case regardless of where you live. Virginia's court system has jurisdiction over your claim, and you must follow Virginia's specific legal requirements and deadlines. You may also be able to file in federal court in Virginia if the parties are citizens of different states and the claim exceeds $75,000.
Statute of Limitations
Virginia law requires that personal injury claims, including interstate personal injury cases, must be filed within two years of the accident date. This statute of limitations applies whether you live in California, Florida, or any other state.
Critical Deadline Alert
If a Virginia state agency or transportation district caused your accident, you must file a notice of claim within one year under § 8.01-195.6. For local government entities (like counties, cities, and towns), notice is due within six months. These deadlines are much shorter than the standard two-year deadline.
Virginia's Strict Contributory Negligence Rule
Virginia follows one of the harshest negligence rules in the country. Under Virginia's common-law contributory negligence rule, if you bear any fault for the accident, even just 1%, you cannot recover damages.
Contributory negligence is an affirmative defense. What this means is the defendant bears the burden to prove the plaintiff's negligence, but any contributory negligence that proximately caused the injury bars recovery. However, contributory negligence doesn't bar recovery where the defendant's conduct is willful and wanton (unless the plaintiff's is too), and the last clear chance doctrine may still permit recovery in certain situations.
Here's how this might affect an out-of-state driver. Matt from Maryland is making a left turn in downtown Bon Air when he's struck by a speeding driver. If the jury finds Matt should have waited longer before turning, he could be barred from any compensation despite the other driver's excessive speed being the primary cause of the car accident.
Immediate Steps for Out-of-State Accident Victims
Taking the right actions immediately after a Virginia car accident protects your legal rights and strengthens your potential interstate personal injury claim.
At the Accident Scene
Call 911 even for seemingly minor accidents. When an officer investigates a crash with injury, death, or total property damage of at least $3,000, the officer must file a report with the DMV.
Document everything possible with your phone camera. Take photos of vehicle damage, the accident scene, traffic signs, and road conditions. Get contact information from witnesses, as their testimony might be essential if fault becomes disputed.
After Leaving the Scene
Seek medical attention promptly, even if you feel fine initially. Whiplash and traumatic brain injuries often don't show symptoms for days. Immediate medical documentation creates a clear link between the accident and your injuries.
Notify your insurance company about the accident, but be cautious about giving recorded statements. Insurance adjusters often ask leading questions designed to shift fault onto you.
Working With Medical Providers Across State Lines
Obtain copies of all Virginia medical records before leaving the state. This includes emergency room reports, diagnostic tests, and treatment notes. If you continue treatment in your home state, inform your doctors about the Virginia car accident. This medical continuity strengthens your injury claim and provides clear documentation.
Auto Insurance Coverage Considerations
Your motor vehicle insurance coverage travels with you, but Virginia's insurance requirements may differ from your home state. For policies effective on or after January 1, 2025, the minimum liability levels are:
- $50,000 per person
- $100,000 per accident for bodily injury
- $25,000 for property damage
Virginia requires uninsured motorist (UM) and underinsured motorist (UIM) coverage in policies issued or delivered in Virginia in limits at least equal to the statutory minimums. For policies issued after July 1, 2023, UIM generally stacks without liability credit unless the insured elects otherwise. These requirements may not control an out-of-state policy, but they demonstrate the coverage standards Virginia expects.
Check your own policy for out-of-state accident benefits. Many policies include coverage that applies nationwide, including uninsured and underinsured motorist protection.
Strong Legal Representation to Protect Your Rights
Hiring a Virginia personal injury lawyer in your corner provides significant advantages for out-of-state accident victims. Local attorneys understand Virginia's specific laws, court procedures, and how insurance companies operate in the state.
A competent Virginia lawyer can handle all legal proceedings without requiring your physical presence for most matters. Experience with Virginia's contributory negligence rule is particularly important. An attorney familiar with this strict standard knows how to build cases that defend against fault allegations.
The Mottley Law Firm has represented out-of-state clients in Virginia car accident cases. We understand the unique challenges non-residents face and work to make the legal process convenient while pursuing compensation for your injuries.