Updated June 7, 2026
If you or a loved one has been seriously hurt in a car accident in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, or anywhere else in Hampton Roads, you deserve a lawyer who will work tenaciously in seeking to obtain every penny that you are owed – not one who will put their own interests above yours and seek a quick, undervalued settlement.
At Shapiro, Washburn & Sharp, our Virginia Beach car accident lawyers have won more than $100 million in verdicts and settlements for clients since 1985 in cases in Virginia, North Carolina, and other states. Our job is to take the weight off your shoulders of the investigation, the medical record gathering, the paperwork, and the insurance negotiations so that you can focus on healing.
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- Call 757-321-3983 today for a free, no-obligation consultation with a Virginia Beach car crash lawyer. We are available 24 hours a day, 7 days a week.
What Should I Do After a Car Crash in Virginia Beach?
The decisions you make in the first hours after an auto accident can shape your case for months or even years.
- Do not admit fault at the scene. While we commonly say words like “I’m sorry” out of politeness, even such an innocent statement can be used against you in establishing fault.
- Do not speak with the insurance adjuster for the driver who hit you. They are not there to be your friend, or to help expedite a settlement. They are trained to elicit statements (generally on a recorded line) from accident victims so that these statements can later be used to deny liability, especially given Virginia’s contributory negligence law. Instead, tell them you have retained counsel (or that you intend to do so). Then, politely end the call
- Don’t post about your accident on social media. Assume that everything you say on social media will be seen by the defense.
- Call 911 right away if you are able to do so. Virginia law requires that auto collisions resulting in injuries be reported to law enforcement, and the police report officers will become an important record in your case, as reports will typically capture the details of the collision, witness statements, and photographic evidence.
- Call our firm for a free case evaluation, and so that we can immediately begin an investigation on your behalf. It will be critical to begin an accident investigation as soon as possible to gather evidence of the crash scene and crashed vehicles before evidence fades, vehicles are demolished, skid marks are eroded by weather, roadway repairs have been made, or video of the crash has been deleted.
The earlier this evidence is preserved, the stronger a car accident claim will typically be.
Once you have a Virginia Beach car accident attorney on your side, the next decisions become easier. We offer a free, confidential, no-obligation consultation and case evaluation so that you can discuss your case with us, learn about your options for seeking compensation, and learn about the types of damages to which you may be entitled. When we are retained, we take over communications with the at-fault driver’s insurance adjuster so that injury victims are not pushed into a recorded statement or pressured into saying something that could be used to undercut their claim.
Why Choose Shapiro Washburn & Sharp as Your Virginia Beach Car Crash Lawyers?
We believe that what sets our car accident law firm apart is the combination of deep local knowledge, a track record of success built over four decades of cases representing injured clients, and a real willingness to take a case to trial when settlement offers fall short. Since 1985 we have been litigating car accident injury cases in Virginia Beach and throughout Hampton Roads. The insurance companies and their counsel know us by reputation and our tenacious advocacy, and know that we will always fight aggressively for our clients.
A Free, No-Obligation Case Evaluation
You can reach our office 24 hours a day, 7 days a week. During your free consultation, we will listen to what happened, review the police report and any evidence concerning your crash and injuries, answer your questions, and explain your options for seeking compensation under Virginia law.
There is no pressure to hire us. We want you to choose the right Virginia Beach lawyers for your case.
Do You Represent Clients on a Contingency Fee?
Yes. We only receive a fee if we recover money for you through a settlement or jury verdict. Our fee is a percentage of the recovery, not an hourly rate, which means our financial interests are aligned with yours in seeking maximum compensation.
Will You Advance The Litigation Costs for My Case?
Yes.
Building a strong car crash case often costs thousands of dollars. Court filing fees, accident reconstruction professionals, medical record retrieval, deposition transcripts, trial exhibits, and treating-physician witness fees all add up quickly. Our firm advances these costs as the case moves forward; these costs are typically repaid from a settlement or verdict at the end of the case. You are not asked to write a check while your case is pending. Your job is to heal.
What Is Your Approach For Achieving Maximum Compensation for Car Crash Victims?
We treat every case like it will go to trial. We undertake the tenacious work to prove fault, establish damages, and advance the cases of our clients at the outset (including through depositions, interrogatories, and what is known as “motions practice.”
In addition to negotiations between plaintiff and defense counsel, many car crash cases in Virginia go through mediation. In mediation, a third party neutral (called the “mediator”) works with the parties and their legal counsel in seeking to help the parties reach a settlement.
Mediations are crucial. They are not a place for lawyers to simply show up and make a demand for compensation. Instead, what we do is to meticulously build up every aspect of our client’s case, piece by piece. Through this process, the defendants and their counsel will know exactly how we intend to prove fault and damages to a jury if a full and fair compensation cannot be achieved in a settlement. They will then have a choice – pay what is fair or risk paying even more from a possible jury verdict.
We believe that clients benefit from our reputation, results, and trial experience in settlement negotiations.
Ready to talk through your case? Call our Virginia Beach car accident lawyers at 757-321-3983 to schedule your free consultation.
Awards and Recognition for Our Car Crash Attorney & Injury Practice
Over the years, our work for injured clients in Virginia, North Carolina, and other states has been recognized by some of the most respected names in the legal profession. Our attorneys and firm have received the following awards and recognition:
- Our firm has been recognized as a Tier 1 “Best Law Firm” for general personal injury law and railroad worker injury law by U.S. News & World Report every year since 2010.
- Attorneys Rick Shapiro and Eric Washburn were both selected for the 2026 edition of The Best Lawyers in America®.
- Rick Shapiro has held the Civil Trial Advocate designation from the National Board of Trial Advocacy for more than 20 years.
- Rick Shapiro was named “Lawyer of the Year” in Railroad Law for 2019 by Best Lawyers®.
- Rick Shapiro received the President’s Award from the National Board of Trial Advocacy in 2023.
- Rick Shapiro was recognized as a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly.
- Our firm has earned more than 70 five-star Google and Avvo reviews from past clients.
Selected Car Accident Case Results
While no two cases are alike and no result is ever guaranteed, we are proud of what we have been able to accomplish for the people we represent. The following are examples of successful car accident settlements that our Virginia Beach car accident lawyers have obtained in car crash injury cases:
- $2.3 Million Settlement – 60-year-old woman struck walking to her mailbox by an SUV that veered off the road, resulting in a traumatic brain injury, rib fractures, and pelvic fracture.
- $1 Million Settlement – Client suffered permanent injury to his feet, ankles, and legs when a turning driver struck him.
- $930,000 Settlement – Homeland Security employee suffered neck and other serious injuries when a driver failed to yield.
- $675,000 Settlement – Driver rear-ended on I-64 exit ramp suffered permanent nerve damage when a dormant spinal condition was activated.
- $600,000 Settlement – Norfolk woman struck by median-crossing car then by 18-wheeler sustaining irreversible brain injury and other significant injuries.
- $525,000 Settlement – 43-year-old sales manager was struck at an intersection by a parcel delivery driver, suffering TBI, shoulder, and spinal injuries.
- $520,000 Settlement – Disabled veteran’s pickup was smashed by a driver who ran a red light; liability was admitted at the scene.
- $300,000 Settlement – Passenger required multiple surgeries including neck fusion surgery after rear-end collision.
- $250,000 Settlement – Client stopped at a Norfolk intersection was rear-ended by a distracted driver.
See more of our personal injury case results.
Important note: No promise can be made about any future litigation outcome. Every car crash case has a unique set of facts that affects what may be recovered, including the severity of the injuries, the available insurance coverage and the limits of the at-fault driver’s policy, the strength of the evidence, and the jurisdiction where the case is filed. Past results should not be taken as a prediction of what may happen in your case.
Wondering about the damages to which you may be entitled for your car accident injuries? Call 757-321-3983 for a free case evaluation.
What It Costs to Hire a Virginia Beach Car Accident Lawyer
How Much Do Virginia Beach Car Accident Lawyers Charge?
When you hire our firm, you only pay attorneys’ fees if compensation is obtained. We accept all personal injury and wrongful death cases on a contingency fee basis, which is the legal shorthand for “no win, no fee.” Our fee is a percentage of the compensation we recover for you, not an hourly rate. If we do not obtain compensation, you will not owe us any fee for our time, no matter how long we have worked on your case.
Will I Have to Pay Litigation Expenses While My Case Is Pending?
No. We advance all litigation costs and expenses, including court filing fees, deposition costs, medical record charges, and professional witness fees. These costs are typically repaid out of the settlement or jury verdict at the end of the case. While your case is ongoing, your job is to heal. Our job is to handle the legal work and the costs that come with it.
How Much Is My Virginia Beach Car Accident Case Worth?
One of the first questions we are often asked is “how much is my car crash case worth?”. No lawyer can give you the exact value of your case. How much compensation you may receive depends on many factors, including the severity and permanence of the injuries, the medical treatment you have received and may still need, the wages and earning capacity you have lost, the pain and suffering you have endured, the available insurance coverage, and the strength of the liability evidence.
If you call us for a free consultation, we can explain the type of damages to which you may be entitled.
Did Your Car Crash Involve a Semi-Truck or Tractor-Trailer?
If so, it’s important to understand that commercial interstate truck crashes are different than passenger car crashes in that commercial interstate truck drivers and tucking companies must comply with the Federal Motor Carrier Safety Administration (or “FMCSA”). The FMCSA is a federal agency within the U.S. Department of Transportation, and the role of the FMCSA is to make interstate truck driving safer through rules and regulations concerning driver rest (hours of service rules), vehicle maintenance, drug and alcohol testing, licensing, and electronic logs. As Virginia Beach truck accident lawyers, we understand these rules and regulations and are tenacious in seeking full compensation for our clients injured in truck crashes.
Why Are There So Many Car Accidents in Virginia Beach?
Virginia Beach is a busy coastal city with a mix of year-round residents, military families, college students, and millions of tourists who visit the Oceanfront each summer. Combine that with a sprawling network of highways, interstates, and crowded surface streets, and you have one of the more crash-prone communities in the Commonwealth. Auto accidents are a daily reality in Virginia Beach, VA.
According to data from the Virginia Department of Motor Vehicles, Virginia Beach consistently ranks among the highest-volume crash localities in the state. In a typical year, more than 5,000 vehicle crashes are reported in Virginia Beach alone. Thousands of those crashes result in injuries, and several dozen result in fatalities. While the overall number of traffic fatalities has trended down in recent years, the number of crashes involving injuries has not always dropped at the same pace.
Some of the most dangerous corridors in our area include Independence Boulevard, Rosemont Road, Princess Anne Road, Virginia Beach Boulevard, Holland Road, General Booth Boulevard, and the heavily traveled ramps along I-264 and I-64. Distracted driving and speeding remain the leading causes of these crashes.
Local programs such as “Drive Safe Hampton Roads,” combined with stepped-up traffic enforcement, red-light cameras, and school-zone speed cameras, have helped, but the reality is that a single careless driver can change someone’s life in seconds. If you’ve been injured in an auto accident, you deserve a car accident lawyer who understands the roads, the courts, and the insurance companies here in Hampton Roads. Our office sits near the Town Center area in Virginia Beach, which makes it easy for local clients to come meet with us in person when they need help the most.
Virginia Beach Car Crash Lawyer Importance – Why Crashes are Not Accidents
People often use the phrase “car accidents” instead of “car crashes”. Most car crashes are not “accidents”; which implies something that could not have been prevented. While drivers almost never intentionally set out to cause a crash, the fact is that almost all vehicle crashes are the result of poor choices, inattention, or sometimes even deliberately choosing to engage in conduct that puts others at high risk of injury (such as drunk driving or driving at an excessive speed). When we use the word “accident” in this page and elsewhere on our website, we only do so because the word “accident” is commonly used to refer to a crash, and not because there is anything “accidental” about the cause of the crash.
What are Catastrophic Injuries?
Some of the worst crashes we see, including head-on collisions, leave our clients with catastrophic injuries that demand dedicated and tenacious legal work to prove and the full scope of damages. Catastrophic injuries may be thought of as those that cause significant lifelong impairment, such as traumatic brain injuries (“TBI”) and paralysis.
Catastrophic injuries require relentless advocacy, as:
- Life-long injuries can result in enormous costs for medical treatment and care
- Injury victims may suffer permanent pain and suffering, which must be compensated fairly
- Victims may no longer be able to work, which requires experts to determine the present value of the lost income stream, and
- Victims are usually not able to enjoy the full extent of the physical and other activities enjoyed prior to their injury.
When catastrophic injuries occur, we spare no expense in retaining top experts and medical professionals to prove fault on behalf of our clients and to document the full compensation for past and future damages to which they are due.
What Are The Common Causes of Car Crashes in Virginia Beach and the Surrounding Communities?
Distracted Driving
Distracted driving covers any behavior that takes a driver’s attention away from the road, including texting, scrolling social media, entering an address into a navigation app, eating, grooming, or even turning to talk to a passenger. The National Safety Council estimates that at least 1.6 million crashes are caused each year in the United States by drivers using cell phones and texting, roughly 28 percent of all crashes. The National Highway Traffic Safety Administration reported 3,275 distracted-driving fatalities in 2023, nearly nine deaths every single day.
When we represent someone hurt by a distracted driver, we move quickly to preserve cell phone records, text logs, and app activity data. That evidence can be the difference between a denied claim and a strong settlement.
Speeding
Every road has a posted speed limit designed around its layout, sight lines, traffic patterns, and surrounding land use. When a driver exceeds that limit, reaction time drops, stopping distance grows, and the force of any resulting collision multiplies. Speeding is one of the most common contributing factors in serious Virginia Beach car accidents, especially on I-264, I-64, and the wide arterials throughout the city.
As Virginia Beach car accident lawyers, we know how to use the data recovered from a vehicle’s event data recorder, sometimes called a “black box,” to establish how fast a driver was going, whether they tried to brake, and how the steering wheel was being used in the seconds before impact. Insurance companies for the driver at fault commonly want to have totaled vehicles demolished. It’s important to retain an experienced car crash law firm that can seek court orders to preserve crashed vehicles so that the critical information in event recorders can be saved.
Drowsy Driving
Getting behind the wheel exhausted is as dangerous as driving after drinking. Fatigue slows reaction time, blurs decision-making, and can cause a driver to drift across lanes or fall asleep entirely. Drowsy driving is also a leading factor in tractor-trailer crashes, where commercial drivers push to meet tight delivery schedules. If your crash involved a commercial vehicle, the rules and insurance coverage at play are different and you should speak to a truck accident lawyer as soon as possible.
Tailgating
Following too closely is dangerous and rarely saves the driver any meaningful amount of time. Tailgating leaves no room to stop when traffic ahead slows suddenly, which is why so many rear-end collisions on I-264 and I-64 leave the front driver with neck injuries, back injuries, and concussions.
Reckless and Aggressive Driving
Reckless driving in Virginia covers behavior beyond speeding, including weaving in and out of lanes, cutting off other drivers, running stop signs and red lights, passing on the shoulder, and the kind of road-rage behavior that intentionally puts others in harm’s way. A reckless driving conviction can also be powerful evidence in a related civil injury claim.
Driving Improperly in Bad Weather
Coastal weather in Virginia Beach can shift quickly. Heavy rain, hurricane bands, fog rolling in off the water, and sun glare on slick roads all require drivers to slow down, increase following distance, and adjust to the conditions. When a driver fails to make those adjustments, the resulting crash is not the weather’s fault; it is the driver’s fault. We hold at-fault drivers accountable when they try to use bad weather conditions in seeking to avoid liability.
How Can Virginia Beach Car Accident Lawyers Build My Case?
Car accident cases can become complicated fast, especially when fault is disputed or when injuries take weeks or months to fully reveal themselves. Hiring the right car accident lawyer early, with a dedicated legal team behind that lawyer, is one of the most important steps you can take to protect your case. Here is how our Virginia Beach car crash team works tirelessly to prove fault and damages:
Thorough Investigation of the Crash Scene
We gather the police report and witness statements, request 911 audio, locate and interview witnesses ourselves, photograph and inspect the scene, and pull any traffic-camera, doorbell, or business video surveillance footage that may have captured the crash. We also bring in accident reconstruction professionals where the cause of the crash is contested.
Preserving Black Box and Vehicle Data
Most modern vehicles have an event data recorder that captures speed, brake application, throttle position, seatbelt use, and other inputs in the seconds before a crash. Insurance carriers for at-fault drivers often want to destroy or release the vehicle quickly so that this evidence disappears. We send preservation letters demanding the vehicle be impounded and, if necessary, ask the court to order it preserved. That data can win cases.
Building Out Your Medical Picture
We will make sure you are evaluated by trusted health care providers who can document the full extent of your injuries. Comprehensive documentation of damages, including current and future medical expenses along with non-economic losses such as pain and suffering, is essential to any personal injury case. We gather all medical records and bills, talk to treating physicians about long-term prognosis, and bring in vocational and life-care planning professionals when permanent injuries change an individual’s ability to work or live independently.
Handling All Insurance Communication
Once you hire us, the insurance adjusters will call us, not you. We respond to their requests, push back on the lowball offers they often make early in a claim, and pursue every source of available coverage during the claims process. That includes the at-fault driver’s liability policy, any umbrella policies that may apply, and your own uninsured or underinsured motorist coverage.
Do not let an insurance adjuster talk to you before you talk to an experienced car accident lawyer. Call our Virginia Beach car crash lawyers at 757-321-3983 for a free consultation today.
What Compensation Is Available After a Virginia Beach Car Accident?
Under Virginia law, a person injured by another driver’s negligence is generally entitled to be made whole through a personal injury claim, which means compensation for all damages and losses caused by the crash. Those damages fall into two main categories: special damages and general damages. If you are dealing with serious injuries, substantial medical bills, or significant emotional trauma, hiring a car accident lawyer early helps preserve the evidence and keeps injury victims from missing important legal deadlines.
Special Damages (Economic Losses)
Special damages are losses with a specific dollar value that can be calculated and documented. They typically include:
- Past and future medical expenses, including hospital bills, surgeries, prescriptions, medical devices, physical therapy, and rehabilitation.
- Past and future lost wages, including overtime, bonuses, and self-employment income.
- Loss of earning capacity if the injuries reduce the long-term ability to work.
- Property damage to a vehicle and personal belongings inside the car.
- Out-of-pocket costs such as transportation to medical appointments and home modifications needed because of the injuries.
General Damages (Non-Economic Losses)
General damages are real losses, but they are not directly tied to a specific dollar amount. At trial, it’s up to a jury to decide appropriate compensation for general damages/non-economic losses. Non-economic losses often include:
- Physical pain and suffering, both past and future.
- Mental anguish, anxiety, and emotional distress.
- Loss of enjoyment of life and the activities the individual can no longer do the way they used to.
- Compensation for permanent disability or scarring.
These types of compensation also include both past and expected future matters. Thus if a person sustains a severe back injury that is likely to cause lifelong pain and prevent the person from engaging in past physical activities that formerly were enjoyed, the person is entitled to recover whatever amount a jury feels is appropriate for such pain, suffering, and loss of physical activity engagement.
Our role as Virginia Beach car accident lawyers is to document every category of damages, present them in a way that resonates with adjusters and juries, and pursue full and fair compensation from every party responsible for the crash.
How Are Pain and Suffering Damages Determined in a Virginia Car Accident Case?
Pain and suffering damages are typically negotiated as part of a settlement or, if the case proceeds to trial, decided by a jury. Virginia law allows compensation not only for the pain you have already endured but also for the pain you are reasonably expected to suffer in the future. That is why long-term medical documentation is so important.
In our experience, juries weighing pain and suffering tend to focus on a few key factors:
- The severity of the pain. Most jurors will have suffered from injuries, such as broken bones, minor burns, or cuts requiring medical treatment. Based upon their own experiences, they will have some basis for comparing the pain that they have suffered and your injuries (which may be significantly worse than their injuries).
- The type of injury. Some injuries hurt more and the pain lasts longer than other injuries. Open fractures, severe burns, nerve injuries, and surgeries with hardware implantation often produce more sustained pain than less severe injuries that may heal over a few weeks.
- The length of recovery. Pain that lingers for months or a lifetime is treated very differently from pain that resolves in a few weeks.
- The impact on daily life. Whether you can sleep, work, exercise, lift your children, or enjoy hobbies you once loved all matter.
As your car crash attorneys, when appropriate we can build a written and visual record of your pain through medical notes, treating-physician testimony, day-in-the-life documentation, family statements, and/or a jury-ready presentation that captures how your life has been impacted by your crash.
Can a Minor Car Crash Cause Serious Injuries Like Whiplash?
Yes. We have handled many cases where a person walks away from what looked like a minor crash, only to develop significant pain, limited mobility, or other symptoms over the following days and weeks. Even low-speed impacts can produce whiplash, a soft-tissue injury that happens when the head and neck snap forward and backward rapidly. Studies have documented whiplash at impact speeds as low as 5 miles per hour.
Whiplash is painful and debilitating. Common whiplash symptoms include:
- Neck and shoulder pain that worsens over time
- Headaches and migraines
- Fatigue and trouble sleeping
- Difficulty concentrating or short-term memory issues
- Tingling, numbness, or radiating pain into the arms
- Limited range of motion in the neck and upper back
Whiplash often does not show up clearly on X-rays or MRI scans, and insurance companies use that fact to argue that the injury is exaggerated or unrelated to the crash.
As Virginia Beach car accident lawyers who have handled countless whiplash cases, we know how to document these injuries through treating-physician opinions, imaging, physical therapy records, and where needed, biomechanical and medical professionals who can explain how a relatively minor impact produced real injury.
What Other Injuries Are Common in a Virginia Beach Car Crash?
Beyond whiplash, the most common car accident injuries we see in Virginia Beach include:
- Herniated and bulging discs. Spinal discs do not heal the way other tissues do. Many people end up needing injections, physical therapy, or surgery.
- Knee injuries. Torn ligaments such as the ACL or MCL, meniscus tears, and dashboard impacts can require surgery and long-term rehabilitation.
- Traumatic brain injuries (TBI). Concussions, even “mild” ones, can cause lasting headaches, dizziness, mood changes, and cognitive symptoms. More severe TBIs can permanently change a person’s life.
- Hip, pelvic, and lower back injuries. These areas absorb a lot of force during collisions and often produce chronic pain and reduced range of motion.
- Broken bones. Wrists, arms, ribs, ankles, and legs are commonly fractured. Fractures that puncture the skin or require hardware often involve longer recovery and more lasting pain.
- Shoulder injuries. Rotator cuff tears and labral tears from seat-belt loading often require surgery and physical therapy.
- Internal injuries. Damage to organs from blunt force trauma can be life-threatening and is not always immediately obvious at the scene.
- Psychological injuries. Post-traumatic stress, anxiety while driving, and depression after a serious crash are real injuries that Virginia law recognizes.
We work with treating doctors to understand the extent of a client’s injuries and prognosis, including future treatment that may be required and the impact that the injuries will have on future employment.
Why Prompt Medical Attention Matters After a Virginia Beach Car Accident
After a crash, your first priority should be seeing a doctor, even if you feel “mostly fine.” Adrenaline can mask pain for hours or even days. Whiplash, concussions, internal bleeding, and soft-tissue injuries often do not show their full symptoms right away. A delay in treatment is also one of the most common reasons insurance companies use to argue that an injury was not caused by the crash.
Prompt medical attention does two important things at the same time. It protects your health by catching injuries early, and it creates contemporaneous records that document the link between the crash and your injuries. Those records can become the backbone of an injury claim.
Once you have a Virginia Beach car accident lawyer on your side, we will help coordinate the gathering of medical records, communicate with the treatment team, and make sure no important documentation falls through the cracks.
Hurt in a crash but unsure where to start? Call 757-321-3983 for free guidance from a Virginia Beach car accident attorney today.
“My wife was injured in an auto wreck while she was heading down I-264 in Virginia Beach. She suffered neck injuries, lower back injuries, and a mild concussion. It took her awhile to get herself together. That’s why we hired Rick Shapiro to handle our case and he did a splendid job. We’re very happy with the result!”
There Is Only One Chance to Get Full Compensation After a Car Accident
Here is one of the most important things we want you to understand about pursuing a car accident claim in Virginia: there is only one opportunity to recover compensation. Once you sign a settlement agreement and release, the claim is over. It cannot be reopened later if it turns out your injuries are worse than expected, if you need additional surgery, or if you are unable to return to the work you used to do.
This is why we do not chase quick, undervalued settlements, especially when the long-term picture is still unclear. We will work with your medical team to understand what additional treatment may be needed, whether you will have ongoing pain, and whether your future career and lifestyle will be affected. With that full picture, we can advise you with confidence whether a particular settlement offer is fair or whether your car accident claim should proceed to trial.
Insurance companies know this dynamic and often push hard for a fast settlement. They count on injured people not understanding the legal process or their rights. As experienced Virginia Beach car accident attorneys, we make sure that does not happen.
Key Aspects of Virginia Car Crash Law
How Long Do I Have to File a Car Accident Lawsuit in Virginia?
In Virginia, generally there is a two-year time limit from the date of the crash to file a personal injury claim, as set by Virginia Code § 8.01-243. If you do not file your lawsuit within that two-year window, you may lose the right to pursue your claim, regardless of how strong your case is.
There are, however, important exceptions and nuances to this two year time period. If a government employee or vehicle was involved (for example, a city worker, a state employee, or a federal employee on the job), much shorter notice deadlines may apply. Wrongful death claims have their own two-year limit, measured from the date of death rather than the date of the crash. Cases involving minors or incapacitated adults can have different rules as well. Other exceptions also apply.
Because there are nuances to the statute of limitations deadlines, every person who has been injured should contact a Virginia car crash lawyer as soon as possible to learn about the specific filing deadline that will pertain to their case.
Can I Recover Compensation in a Virginia Car Crash Case if I Was Partially at Fault?
Virginia follows what is called the pure contributory negligence doctrine. It is one of the strictest rules in the country.
Under Virginia law, if a jury finds that you were even slightly at fault in causing the crash, you can be barred from recovering any compensation at all. Virginia is one of only a small number of jurisdictions (along with Alabama, Maryland, North Carolina, and the District of Columbia) that still applies this rule.
This is also exactly why we tell every client never to admit fault at the scene. Once that admission is on a recorded statement or a police report, the insurance company will use it to try to wipe out the claim.
However, most car accident cases are settled before trial. In a settlement, the fault percentage is not determined; instead, a defendant (or their insurance company) will pay an agreed-upon amount to the person injured. Thus the focus is on the dollar value of the claim rather than a formal percentage of fault.
If a defendant believes that they can prove that the plaintiff (the person injured who is bringing the lawsuit) is at fault, they are free to take their case to trial. However, there are two risks to defendants for taking this approach:
- It will likely cost them significant legal fees to take the case to trial, which they will not get back, and
- If a jury does not find that the plaintiff is at all at fault, the jury very well may return a much higher verdict than they could have paid in a settlement.
We push hard to make sure the evidence supports our client’s version of events and that the at-fault driver is held fully responsible.
Can I Recover After a Hit and Run or “Phantom” Driver Crash in Virginia?
Yes. Virginia allows insurance claims when a hit and run driver causes damage or injury, even if the at-fault driver cannot be located. These claims can be pursued under your own uninsured motorist (UM) coverage, which Virginia requires every auto policy to include.
Virginia is also one of the states that allows recovery in “no contact” or “phantom vehicle” cases. If you were forced off the road or forced into a sudden lane change by another driver, and that driver then fled, you may still have a UM claim. You will generally need corroborating evidence beyond your own statement, such as a police report, eyewitness testimony, or dashcam footage. Our car crash attorneys regularly handle these cases and know how to develop the supporting evidence needed to make the claim succeed.
Can I Recover in a Car Crash if I Have a Pre-Existing Condition?
Yes. Virginia follows what is sometimes referred to as the “eggshell plaintiff rule. This means that even if you have a pre-existing condition, if your condition is made worse by an injury, the person causing the injury owes you compensation.
Does Virginia Have Dram Shop Laws?
No. Unlike many other states, Virginia does not have a dram shop law that allows injured people to sue bars or restaurants that overserved an intoxicated driver. That means even if a bar continued to pour drinks for someone who was visibly drunk, the bar typically cannot be held liable for a crash that driver later causes. Recovery in drunk driving cases in Virginia almost always comes from the impaired driver’s own auto liability insurance and sometimes from an injured person’s own UM or UIM coverage.
What Car Insurance Is Required in Virginia in 2026?
Virginia has gone through major changes to its auto insurance laws in the last few years, and two of them are especially important to understand.
First, Virginia eliminated the old Uninsured Motor Vehicle (UMV) fee option. Until July 1, 2024, drivers could legally register a vehicle in Virginia without buying liability insurance, as long as they paid an annual $500 UMV fee. Senate Bill 951 eliminated that option. As of July 1, 2024, every registered vehicle must be covered by qualifying auto liability insurance (or formal self-insurance). The UMV fee no longer offers a way to drive uninsured.
Second, Virginia raised its minimum liability insurance limits effective January 1, 2025. For policies issued or renewed on or after that date, drivers must carry at least:
- $50,000 for bodily injury or death of one person
- $100,000 for bodily injury or death of two or more people
- $25,000 for property damage
For policies that were issued or renewed before January 1, 2025, the previous lower minimums of $30,000 / $60,000 / $20,000 may still apply until the policy renews. Auto insurance policies in Virginia must also include uninsured and underinsured motorist (UM/UIM) coverage in at least the same amounts as the liability coverage, unless the policyholder rejects UIM coverage in writing.
Driving without the required insurance can result in license and registration suspension, a $600 noncompliance fine, a $145 reinstatement fee, and an SR-22 filing requirement for three years.
What Is UM/UIM Coverage and Why Is It So Important?
UM coverage (uninsured motorist) pays damages when an at-fault driver has no liability insurance. UIM coverage (underinsured motorist) pays damages when the at-fault driver has some insurance, but not enough to cover what has been lost.
UM/UIM is one of the most valuable pieces of any Virginia auto policy. Even with the new higher minimums, the at-fault driver’s coverage may fall far short of what you need after a serious crash. Surgeries, lost wages, and future medical care can easily exceed $50,000.
Virginia also strengthened how UIM coverage works. For policies issued or renewed after July 1, 2023, UIM coverage “stacks” on top of the at-fault driver’s liability coverage rather than being reduced by it. Before the change, the at-fault driver’s liability limits were subtracted from the UIM limits, which often wiped out the UIM benefit entirely. Under the new law, both amounts are added together. For example, if the at-fault driver carries $50,000 in liability and you carry $100,000 in UIM, you now have access to up to $150,000 in combined coverage.
Our Virginia Beach car accident lawyers will review every policy that could apply to your case, including your own, any family member policies you may be covered under, and any umbrella policies. Maximizing the available coverage is often the key to obtaining full compensation.
Can I File a Claim with My Own Insurance Company If the At-Fault Driver Is Uninsured?
Yes. If an uninsured driver hurt you, you can file a claim under your own UM coverage to recover for medical bills, lost wages, pain and suffering, and other damages. It is important to act quickly. Virginia has specific notice requirements for UM claims, and any delay can give the insurance company an argument for denying or limiting your claim. We routinely handle these claims and know what evidence carriers will demand.
Does UM Coverage Apply to Hit and Run Accidents in Virginia?
Yes. Hit and run crashes are treated under Virginia law much like crashes involving an uninsured driver. Your UM coverage can pay for your injuries and damages. To preserve a hit and run claim, report the crash to the police as soon as possible, get medical attention, and notify your insurance company promptly. A Virginia Beach car accident attorney can guide you through the rest.
Do I Have to Report the Accident to My Own Insurance Company?
Yes. Almost every auto insurance policy in Virginia requires prompt notification of any accident. Failing to give timely notice can be used by your insurer as a basis to deny coverage, including coverage you have paid premiums for.
We strongly recommend notifying your carrier of the basic facts of the crash as soon as you reasonably can. You do not, however, have to give a recorded statement, sign authorizations, or accept a settlement before talking to a car crash lawyer.
Will I Have to Repay Part of a Settlement or Verdict to Insurance Companies?
Yes, in most cases.
When insurance companies and/or Medicare pay for medical treatment, they will have what is known as a medical lien on amounts that they paid for medical care. In general, you’re entitled to sue for the cost of medical treatment from the person who hit you, but then your insurance company or Medicare is entitled to a share of those proceeds.
We work with insurance companies and Medicare in seeking to reduce the amount that they will accept for repayment. Both insurance companies and Medicare recognize that legal counsel is needed to recover compensation, so they are willing to reduce the amount to less than what they originally paid. We negotiate with insurance companies seeking a lien reduction; for Medicare there are strict rules that apply with respect to lien reductions.
Special Situations Our Car Crash Lawyers Handle
Our Representation of Passengers in Car Accidents and Crashed
Passenger injury cases work differently from cases where the injured person was driving. If you were a passenger, you generally have a potential claim against any driver whose negligence contributed to the crash, including the driver of the car you were riding in. That can feel awkward when the driver is a family member, a friend, or a coworker. In reality, usually it is the driver’s liability insurance company that pays the claim, not the driver personally.
We handle these cases with care. We routinely work directly with the driver’s insurance carrier to resolve the claim out of court, often without filing a lawsuit at all. Where the at-fault driver of another vehicle is involved, we pursue that driver’s insurance separately. Our goal is to maximize the total recovery while protecting personal relationships as much as possible.
Crashes Involving a Family Member or Friend
Many of our clients hesitate to pursue a claim against a family member or friend who was driving. We understand. We will walk you through how the claim works in practice, who pays, and what (if any) effect the claim will have on your relationship. In most cases, our clients are surprised to learn how little impact making a claim has on the driver personally, while the financial protection for the injured passenger can be substantial.
Will My Car Crash Case Go to Trial?
Statistically, more than 90 percent of car accident claims are resolved through a settlement. However, settlement negotiations and trial preparation often run side by side, and being genuinely ready for trial is what gives a case its leverage.
Insurance companies almost always start with a low offer, hoping injured people will accept far less than the case is worth. Our job is to put the case in a position where the insurance company knows they will face real consequences in front of a jury if they do not pay fairly.
Should I Accept the Insurance Company’s First Settlement Offer?
Almost never. Insurance companies routinely make early offers that are well below what a case is actually worth. They are hoping you do not yet know the full extent of your injuries, do not understand Virginia law, and are tired of dealing with the situation. Once you sign a release, the case is over. You will not get a second chance, even if your injuries turn out to be far worse than expected. Before accepting any offer, talk to a Virginia Beach car accident lawyer.
How Long Will My Virginia Beach Car Accident Case Take?
It depends. Cases with minor injuries can sometimes be resolved in a few months to a year. Cases involving severe injuries, permanent impairment, or contested liability may take a year or more, and litigated cases can take longer still. We never push a case to close before we know the long-term medical picture, because that is the only way to value the claim accurately.
What Our Clients Say
“My wife was injured in an auto accident while she was heading down I-264 in Virginia Beach. She suffered neck injuries, lower back injuries, and a mild concussion. It took her a while to get herself together. That is why we hired Rick Shapiro to handle our case, and he did a splendid job. We are very happy with the result.”
“My brother was hit by a car and working with Richard Shapiro and his paralegal, Paula, made things so much easier for me. They helped me navigate some complexities and settled my brother’s claim quickly. I am so appreciative of their support and highly recommend them.” (A.L.)
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Contact Our Virginia Beach Car Accident Attorneys Today
If you or someone you love has been hurt in a Virginia Beach car accident caused by another driver, our team at Shapiro, Washburn & Sharp is ready to fight for you. Our Virginia Beach office is here for clients who want local, in-person help, and our car crash attorneys regularly meet with new clients face to face to walk through the details of a case. We have decades of experience handling complex injury claims in Virginia and northeastern North Carolina, and we know what it takes to stand up to aggressive insurance carriers and recover full compensation for our clients.
With offices in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Kitty Hawk, we serve injury victims across Hampton Roads and the Outer Banks. There is no fee unless we recover compensation, and your initial consultation is always free.
Call our Virginia Beach car accident attorneys at 757-321-3983 to schedule your free, no-obligation case evaluation. We are available 24 hours a day, 7 days a week.