In the days following a car accident, you will likely have a range of questions about medical bills, vehicle repairs, lost wages, and who is going to compensate you for your losses. If the other motorist involved was at fault for causing the accident, you may be entitled to financial compensation by filing a personal injury claim.
In Virginia, there are deadlines for filing a car accident claim. These deadlines are known as “statutes of limitations.” If you miss this deadline, your claim will likely be denied, and you will be unable to recover any damages. Understanding these deadlines can help you avoid costly mistakes and ensure that your legal rights are protected. A dedicated car accident lawyer will assist you with every step of the claims process and make sure that your claim is filed well before that statute of limitations expires.
What Is the Statute of Limitations for Car Accidents in Virginia?
If you intend to file a claim after a car accident in Virginia, there are important deadlines you must consider. According to Virginia Code § 8.01-243, you have two years from the date of the accident to file a personal injury lawsuit. For example, if the accident occurred on October 24, 2026, the deadline to file a personal injury lawsuit would be October 24, 2028. This deadline applies to a wide range of accident-related injuries, including the following:
- Broken bones and fractures
- Head injuries and concussions
- Spinal cord injuries
- Neck and back injuries
- Cuts, burns, and other physical injuries
- Injuries that cause ongoing pain or disability
In addition to the medical expenses associated with the accident, you may also be able to seek financial compensation for property damage, lost income, and pain and suffering.
Is the Deadline Different for Property Damage?
Under Virginia Code § 8.01-243(B), the deadline for filing a claim for the damage to your vehicle is five years from the date the damage occurred. Property damage claims may involve the following:
- The cost to repair your vehicle
- The value of your vehicle if it cannot be reasonably repaired
- The damage to any personal belongings that were inside the vehicle
- The damage to other property caused by the collision
The statute of limitations for property damage is longer than the deadline for personal injury claims because Virginia law treats damage to property and harm to a person as two different types of legal injuries for the following reasons:
- Personal injuries can be measured differently. A personal injury claim often depends on medical records, doctors’ opinions, treatment history, and evidence about how an accident affected someone’s life. A shorter deadline encourages people to bring these claims forward while evidence and witness memories are still relatively fresh.
- Property damage can be measured differently. Property damage claims often involve repair estimates, replacement costs, photographs, invoices, and inspections. These records can help establish the amount of financial loss, even years after the original incident.
- The legislature chose different deadlines for different legal interests. A “personal injury claim” seeks compensation for harm to a person, such as broken bones, medical expenses, lost wages, or pain and suffering. A “property damage claim” seeks compensation for harm to something a person owns, such as a car, home, or other belongings.
What if the Injured Person Is a Child?
According to Virginia Code § 8.01-229, if the person injured in a car accident is under the age of 18, the injured party has additional time to file certain personal injury claims because they are not yet considered legally adults. While the law sets a two-year deadline from the date the injury occurs, the statute generally pauses the clock for a person who was a minor at the time of the accident. For example, if a 12-year-old child is injured in a car accident, the child’s own personal injury claim may be filed until two years after the child turns 18, provided there are no special exceptions involved. The following are examples of important exceptions:
- Medical malpractice. Special rules apply to injuries caused by medical negligence, and the child’s age can affect the deadline.
- A parent’s claim. A parent may have a separate claim for certain expenses related to the child’s injury.
- Claims against government entities. Special notice requirements may apply, so act promptly.
What if a Government Vehicle Was Involved?
If a government entity was involved in a car accident, the deadline to file a claim may be shorter than in a typical personal injury lawsuit. The deadline will depend on whether the at-fault party is part of a state, county, city, or town agency, or another public entity. The following are the different deadlines:
- If the Commonwealth of Virginia or a covered transportation district is involved, the deadline is generally one year after the claim arises. Special rules apply, including a two-year outside limit.
- If a county, city, or town is involved, the notice deadline is generally six months after the claim arises. The ordinary personal injury deadline is generally two years, subject to applicable government-claim rules.
- If a private driver was responsible, there is generally no special government notice requirement, and the lawsuit deadline is two years from the date of the accident.
What Is the Deadline for a Wrongful Death Claim?
Under Virginia Code § 8.01-244(B), if a person sustains fatal injuries in a car accident, a “wrongful death claim” must be filed within two years from the date of the person’s death. The claim must be filed by the deceased person’s personal representative. The following are important factors to consider in a wrongful death claim:
- The deadline starts on the date of the death, which may or may not be the date of the car accident.
- The personal representative files the claim. This is typically the person appointed to handle the deceased’s estate.
- Missing the deadline can prevent recovery. If the lawsuit is filed after the statute of limitations has expired, the court may dismiss the case.
- Exceptions may apply. The filing deadline may be extended in the following situations:
– A criminal prosecution arises from the same events as a wrongful death claim.
– The defendant deliberately prevented the lawsuit from being filed.
– A lawsuit was filed on time but later dismissed.
– A court order prevented the lawsuit from being filed.
– A person entitled to bring a claim dies or a defendant dies.
Why You Should Not Wait Until the Deadline
While you have two years to file a personal injury claim and five years to file a property damage claim, the longer you wait to file your claim, the harder it can be to prove your claim, ensure that your legal rights are protected, and recover the compensation to which you are entitled. The following are the main reasons you should not hesitate to file a claim:
- Key evidence can disappear. If you wait months or more to file your claim, you could lose access to important information that could help establish who caused the accident.
- Insurance companies may challenge your claim. The longer you wait to file your claim, the more difficult it may become to resolve disagreements with an insurance company.
- You need time to investigate who is responsible. Identifying the responsible parties and collecting evidence takes time. Starting early allows you to conduct a thorough investigation before records or key evidence become unavailable.
- You could run out of time to file a lawsuit. If you miss the filing deadline, you could lose your right to recover the compensation you deserve.
Frequently Asked Questions (FAQs):
Does the deadline start when I discover my injury?
In most cases, Virginia measures the personal injury deadline from when the injury is sustained as opposed to when the injury is discovered or diagnosed.
What should I do if my deadline is approaching?
If you have not yet filed your claim, and the deadline is approaching, it is highly recommended that you contact an experienced car accident lawyer at your earliest convenience. Waiting until the last minute can make it harder to prepare and properly file your lawsuit. A dedicated car accident lawyer will help you navigate this process and ensure that your claim is filed before the statute of limitations expires.
Does filing an insurance claim extend the deadline to file a lawsuit after a car accident in Virginia?
No. Filing an insurance claim or negotiating with an insurance company generally does not extend the statute of limitations for filing a lawsuit. Even if the insurer is still investigating your accident or discussing a settlement, you may need to file your lawsuit before the legal deadline expires.
An Experienced Virginia Beach Car Accident Lawyer at Anchor Legal ® Assists Clients With Every Aspect of the Car Crash Claim Process
If you were injured in a car accident, do not hesitate to contact a Virginia Beach car accident lawyer at Anchor Legal ®. We will help you navigate the claims process, ensure that your claim is filed on time, and pursue the maximum financial compensation you deserve. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, Virginia, we proudly serve clients in the surrounding areas.