The statute of limitations on a car accident in VA is generally two years from the date of your auto accident. Failing to file a claim by that deadline can permanently bar an injured party from recovering compensation.
Founded in 1995, our firm has spent decades helping injured Virginians navigate personal injury law and secure the money they deserve after a serious crash.
If you were hurt in a car accident, understanding Virginia’s statute of limitations is one of the most important steps you can take to protect your rights. Reach out to our Fairfax car accident lawyers to learn how much time you have in your specific situation.
What is Virginia’s Statute of Limitations for Car Accident Claims?
Virginia law sets the statute of limitations for car accident lawsuits at two years from the date of the motor vehicle accident under Virginia Code § 8.01-243. This means you must file your car accident lawsuit in civil court within two years or risk losing your right to sue entirely.
Getting a car wreck attorney involved as soon as possible after your motor vehicle accident is one of the most important steps an injured party can take.
An experienced car accident attorney can handle the insurance claim and help you understand how long after a car accident you can claim injury.
For a free legal consultation call (703) 591-9829
Are There Exceptions That Can Extend the Statute of Limitations for VA Car Accidents?
In limited circumstances, Virginia law allows the statute of limitations to be paused, which is a legal concept known as “tolling.” Common exceptions under personal injury law include:
- Minors: If the injury victim was under 18 when the motor vehicle accident occurred, the two-year clock typically does not begin until they turn 18.
- Mental incapacity: If the person who was injured was legally incapacitated when the crash happened, the deadline may be tolled until capacity is restored.
- Defendant‘s absence from Virginia: If the at-fault driver leaves the state after the accident, that time may not count toward the two-year window.
These exceptions are narrow and fact-specific. Do not assume an exception applies to your case without speaking to a car accident attorney.
What Happens If You Miss the Statute of Limitations?
Missing the filing deadline is almost always going to mark the end of your car accident lawsuit. If you attempt to file after the statute of limitations expires, the defense will file a motion to dismiss, and it will be granted by the court.
This means the injured party loses the right to sue the at-fault driver and cannot recover compensation for medical bills, lost wages, medical expenses, or emotional distress through the courts.
The two-year window may feel like plenty of time, but building a strong case takes months. Starting early gives your car accident attorney the best chance of success.
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We Can Help You With Your Insurance Claims
Dealing with insurance claims after a car accident is rarely straightforward. At BenGlassLaw, we have been standing up to insurance companies on behalf of injured Virginians since 1995.
Our car accident attorney team can handle all communications related to your insurance claims on your behalf, investigate the accident, document your medical care and financial losses, and negotiate aggressively for a fair settlement. Compensation in a car accident lawsuit may include:
- Medical bills: All costs related to emergency treatment, hospitalization, and ongoing medical care
- Lost wages: Income lost while you were unable to work due to your injuries
- Medical expenses: Future costs of treatment, therapy, and rehabilitation
- Emotional distress: Compensation for the psychological impact of the accident
- Traumatic brain injuries: Damages related to serious head trauma and long-term cognitive effects
You should never have to fight insurance claims alone while recovering from a serious injury.
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How Soon Should You Contact a Virginia Car Accident Attorney?
The short answer: as soon as possible. While you technically have two years under the statute of limitations to file, waiting can seriously hurt your car accident lawsuit.
Accident scene evidence can be lost or destroyed, surveillance footage is often overwritten within days, and witnesses become harder to locate over time.
Contacting BenGlassLaw shortly after your motor vehicle accident gives our team the best opportunity to preserve evidence and build the strongest possible case on your behalf.
Get a Free Consultation With a Virginia Car Accident Lawyer at BenGlassLaw
What is the statute of limitations on a car accident in VA? Virginia’s statute of limitations on car accident claims is a hard deadline of two years, one that can cost an injured party everything if missed.
BenGlassLaw has spent decades fighting for injured Virginians under personal injury law and helping them recover compensation for medical bills, lost wages, and emotional distress.
Get a free consultation with our team today; there is no cost and no obligation. Visit our FAQ page to learn more about Virginia law, insurance claims, and what to expect when you work with our firm.
Call (703) 591-9829 or complete a Free Case Evaluation form