Accident Settlement Calculator

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Virginia Car Accident Settlement Calculator

In Virginia, you generally have 2 years to file an injury lawsuit, any fault on your part can bar recovery, and drivers must carry at least $50,000/$100,000 in injury liability. Enter your numbers below to see what a Virginia claim may be worth and what you would actually take home.

Virginia changed its minimum insurance on January 1, 2025. $50,000 / $100,000 bodily injury and $25,000 property damage for new and renewal policies effective on or after January 1, 2025. This calculator already applies the new rule. See all recent changes
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Your accident

How serious is the injury?
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Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
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Fault and future costs

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Insurance

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What comes out of it

Virginia rules in 30 seconds

If you were partly at faultAny fault on your part can mean you get $0
Details & exceptions

Virginia follows pure contributory negligence, a common-law rule: if the injured person's own negligence was a proximate cause of the crash, they generally recover nothing. The defendant must prove both negligence and proximate causation (Rascher v. Friend, 279 Va. 370 (2010)). The plaintiff's negligence must be a real contributing cause; trivial or 'slightest degree' negligence is not enough. The last clear chance doctrine is a recognized exception (Coutlakis v. CSX Transportation, 293 Va. 212 (2017), per secondary sources). Bills to abolish the rule (e.g. HB 1431 of 2023) died in committee, and no 2024-2026 bill changing it was found.

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Deadline to file a lawsuit2 years from the accident
Details & exceptions

Va. Code 8.01-243(A): every action for personal injuries, whatever the theory of recovery, must be brought within 2 years after the cause of action accrues. 8.01-243(B): every action for injury to property must be brought within 5 years after accrual. Claims against the Commonwealth under the Virginia Tort Claims Act: a written notice of claim must be filed within 1 year after the cause of action accrues, or the claim is barred, unless the responsible official had actual knowledge of the claim within that year (8.01-195.6). Recovery against the Commonwealth is capped at $100,000 or the limit of any liability policy in force, whichever is greater (8.01-195.3). Statute text read from FindLaw mirrors (current as of 2026-01-01) because law.lis.virginia.gov could not be reached.

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Other driver's minimum insurance$50,000 per person, $100,000 per accident
Details & exceptions

Property damage minimum: $25,000. Va. Code 46.2-472(B): for policies effective on or after January 1, 2025, $50,000 for injury to or death of one person, $100,000 for two or more persons, and $25,000 for property damage per accident. Policies effective January 1, 2022 through December 31, 2024 required 30/60/20 (46.2-472(A)). Since July 1, 2024, Virginia no longer lets owners pay the $500 uninsured motor vehicle (UMV) fee instead of buying insurance; every registered vehicle must be insured (the repeal is attributed to SB 951 of 2023 in secondary reporting). No further change to the minimums for 2026 was found.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. Virginia's damages cap in Va. Code 8.01-581.15 applies only to medical malpractice (total damages, not specifically noneconomic). Punitive damages are capped at $350,000 in total (8.01-38.1). Claims against the Commonwealth are limited to $100,000 or the applicable insurance limit, whichever is greater (8.01-195.3). Because Virginia uses contributory negligence, any proven fault of the injured person that contributed to the crash usually bars recovery entirely.

Uninsured motorist coverageRequired
Details & exceptions

Va. Code 38.2-2206(A): no motor vehicle liability policy may be issued in Virginia unless it includes uninsured motorist coverage, and underinsured motorist coverage limits must equal the UM limits. UM limits must be at least the 46.2-472 minimums (now 50/100/25) and equal the policy's liability limits, unless the named insured rejects the additional coverage above the minimums in writing. UM cannot be rejected entirely. Excess and umbrella policies are exempt (38.2-2206(J)). HB 107 (2026 session, reported as enacted) amends 38.2-2206 and 8.01-66.1:1 to change how UIM claims are settled: a claimant may settle with the at-fault driver's liability insurer for its limits without waiving UIM benefits, and the UIM insurer's subrogation against the underinsured driver is limited. Its effective date was not confirmed.

Worked example: a typical Virginia car accident claim

Another driver turned left into you at an intersection in Virginia: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$0Virginia uses contributory negligence: if you are even slightly at fault, you may recover nothing (limited exceptions such as "last clear chance" exist).
  5. Limited by available insurance$0At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$0Minus attorney fee (33%), case costs and medical liens.

You would likely get nothing. Under Virginia's fault rule, even 20% of the fault can bar the whole claim, so arguing the fault percentage down to zero is what matters most.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Virginia

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road1 year (state) / 6 months (county, city, town)

Claims against the Commonwealth need a written notice of claim to the Director of Risk Management or the Attorney General within 1 year. Negligence claims against a county, city or town need a written statement to its attorney or mayor/chief executive within 6 months.

Va. Code 8.01-195.6, Virginia Tort Claims Act notice of claim (FindLaw mirror)Va. Code 15.2-209, Notice of claims against localities (FindLaw mirror)

If the injured person is a child

A child may sue within the normal 2-year period after turning 18, so the clock usually starts at age 18 (unless the child was emancipated).

Va. Code 8.01-229(A)(1), Suspension or tolling of statute of limitations (FindLaw mirror)

How fast a Virginia insurer must respond

Insurers must acknowledge a claim and answer claimant letters that need a reply within 15 calendar days. Their own policyholders must hear acceptance or denial within 15 calendar days of a proof of loss, with investigations normally done within 45 days.

14VAC5-400-50, Acknowledgment of pertinent communications (Virginia Law)14VAC5-400-60, Standards for prompt investigation of claims (Virginia Law)Insurance Consumer Rights in Virginia (United Policyholders, secondary)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Virginia crash

Frequently asked questions

What is a typical car accident settlement in Virginia?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, a Virginia claim is worth about $50,000 with no fault on your part, but at 20% fault Virginia's rule can bar it entirely.
Is Virginia an at-fault or no-fault state for car accidents?
Virginia's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Virginia car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. Virginia's damages cap in Va. Code 8.01-581.15 applies only to medical malpractice (total damages, not specifically noneconomic). Punitive damages are capped at $350,000 in total (8.01-38.1). Claims against the Commonwealth are limited to $100,000 or the applicable insurance limit, whichever is greater (8.01-195.3). Because Virginia uses contributory negligence, any proven fault of the injured person that contributed to the crash usually bars recovery entirely.
What happens if I was partly at fault for an accident in Virginia?
Virginia follows contributory negligence: if you are found even slightly at fault, you may be barred from recovering damages, subject to narrow exceptions.
How long do I have to file a car accident lawsuit in Virginia?
Generally 2 years for personal injury and 5 years for property damage. Va. Code 8.01-243(A): every action for personal injuries, whatever the theory of recovery, must be brought within 2 years after the cause of action accrues. 8.01-243(B): every action for injury to property must be brought within 5 years after accrual. Claims against the Commonwealth under the Virginia Tort Claims Act: a written notice of claim must be filed within 1 year after the cause of action accrues, or the claim is barred, unless the responsible official had actual knowledge of the claim within that year (8.01-195.6). Recovery against the Commonwealth is capped at $100,000 or the limit of any liability policy in force, whichever is greater (8.01-195.3). Statute text read from FindLaw mirrors (current as of 2026-01-01) because law.lis.virginia.gov could not be reached.
What is the minimum car insurance in Virginia?
$50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage. Va. Code 46.2-472(B): for policies effective on or after January 1, 2025, $50,000 for injury to or death of one person, $100,000 for two or more persons, and $25,000 for property damage per accident. Policies effective January 1, 2022 through December 31, 2024 required 30/60/20 (46.2-472(A)). Since July 1, 2024, Virginia no longer lets owners pay the $500 uninsured motor vehicle (UMV) fee instead of buying insurance; every registered vehicle must be insured (the repeal is attributed to SB 951 of 2023 in secondary reporting). No further change to the minimums for 2026 was found.
What is the deadline to file a claim against the government in Virginia?
1 year (state) / 6 months (county, city, town). Claims against the Commonwealth need a written notice of claim to the Director of Risk Management or the Attorney General within 1 year. Negligence claims against a county, city or town need a written statement to its attorney or mayor/chief executive within 6 months.
How long does an insurance company have to respond to a claim in Virginia?
Insurers must acknowledge a claim and answer claimant letters that need a reply within 15 calendar days. Their own policyholders must hear acceptance or denial within 15 calendar days of a proof of loss, with investigations normally done within 45 days.

Related

Official sources