Virginia law sets duties and deadlines after a collision: stop, report your details, render aid, notify police if anyone is hurt, and file an injury suit within two years. Choose your situation below for the governing rule and the steps that follow.
Question 1 of 3. Pick the closest answer.
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Federal rules place duties on the motor carrier as well as the driver.
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Each period has its own statute and starting point. The table summarizes them. Exceptions exist, so confirm your dates with a lawyer.
| Claim | Period | Statute |
|---|---|---|
| Personal injury | two years after the cause of action accrues | § 8.01-243(A) (opens in a new tab) |
| Injury to property | five years after the cause of action accrues | § 8.01-243(B) (opens in a new tab) |
| Wrongful death | two years after the death | § 8.01-244(B) (opens in a new tab) |
| Written notice to a county, city or town | six months after the cause of action accrued | § 15.2-209 (opens in a new tab) |
| Written notice to the Commonwealth | one year after the cause of action accrued | § 8.01-195.6 (opens in a new tab) |
Enter your crash date in the claim deadline checker to see each date and the statute behind it.
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The Code of Virginia sets out duties for drivers in a collision. They apply in this order:
A passenger 16 or older who knows the driver did not stop and report must see that a report is made within twenty-four hours.
An investigating officer must forward a written report to the DMV within twenty-four hours after finishing the investigation of a crash with injury, death or property damage of $3,000 or more (Va. Code § 46.2-373 (opens in a new tab)). The full sequence, including what protects your claim, is on the steps page.
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Local agencies differ in how they release reports and what they charge.
A driver must stop as close to the scene as possible without obstructing traffic, render reasonable assistance to anyone injured, and report name, address, license number and registration number to State Police or local law enforcement. If anyone is hurt or killed, notice to a law-enforcement officer must be given immediately.
Va. Code § 8.01-243 sets two years after the cause of action accrues for personal injury and five years for injury to property. A wrongful death action has its own period under § 8.01-244. Claims against a locality or the Commonwealth also need written notice. Use the checker for your dates.
Virginia courts apply contributory negligence as a complete bar to recovery. Under it, a plaintiff whose own negligence contributed to the injury can be barred from recovering damages. Because the rule can decide a claim, read the dedicated page and seek advice from a lawyer before you give any statement to an insurer.
The agency that investigated holds the report: Roanoke Police, Roanoke County Police, Salem Police, Vinton Police or Virginia State Police. State Police crash reports are requested through the Virginia DMV. Va. Code § 46.2-380 lists who may obtain a report, including persons involved, their attorneys and insurers.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team