Is Virginia a No-Fault State for Automobile Accidents? By Josh Silverman on October 10, 2024

Virginia's Fault-Based System

Virginia operates under what’s called a tort or fault-based system. This means that in the event of an accident, the person who is at fault is financially responsible for the all damages. These damages can include medical bills, property damage, lost wages, pain and suffering, inconvenied and other losses related to the accident. In other words that at fault person must make the injured person "whole again" from a legal perspective. Obviously, not all harm can be reversed like pain and suffering. Instead the victim is compensated for his or her pain and suffering.

Contributory Negligence in Virginia

One important aspect of Virginia’s fault system is the contributory negligence rule, which is stricter than the comparative negligence laws used in many other states. Under contributory negligence, if the injured party is found to be partially at fault for causing the accident, they cannot recover any damages from the other driver. This can make recovering compensation particularly challenging, as insurance companies and legal teams will often try to prove that the injured party bears some level of responsibility.

Insurance Requirements in Virginia

While Virginia is not a no-fault state, drivers are required to carry a minimum amount of auto insurance to cover potential damages in the case of an accident. As of 2024, the minimum required liability coverage in Virginia is:

$30,000 per person for bodily injury.
$60,000 per accident for bodily injury.
$20,000 for property damage.

Conclusion

Virginia's fault-based system means that determining who is responsible for a car accident plays a crucial role in the claims process. Since Virginia also follows a contributory negligence rule, even a small percentage of fault can prevent you from recovering damages. If you are a driver in Virginia, it's essential to carry adequate insurance and drive carefully, as the consequences of being found at fault—or even partially at fault—can be significant.