Virginia generally allows five years from the date of the accident to file a lawsuit for injury to property, which includes damage to your vehicle and its loss in value (Va. Code § 8.01-243(B)). Personal injury claims have a much shorter two-year deadline (§ 8.01-243(A)). But waiting years is rarely a good idea.
Va. Code § 8.01-243(B) says every action for injury to property shall be brought within five years after the cause of action accrues. Subsection A sets two years for personal injuries. Your deadline can depend on the facts, so confirm it with a Virginia attorney.
Evidence fades. Repair records, photos, the vehicle's condition and comparable sales are all easiest to document soon after repairs. If you sell or trade the vehicle, document it first. The insurer's file also tends to close if no one follows up.
The five years is a deadline to file suit, not a deadline to send a demand to the insurer. Most diminished value claims are resolved by negotiation with the at-fault driver's insurer long before then.
Open the claim right away, finish repairs, get the final invoice, then get a diminished value appraisal. Send the appraisal and a written demand to the at-fault driver's insurer and keep copies of everything.
Three sides to every claim. I've worked all of them. Geoffrey C. Albach has spent 33 years in the industry as an independent appraiser, a former insurance staff adjuster, and a collision repair operations director.
By Geoffrey C. Albach, independent auto damage appraiser · About Geoff
Related guides: Diminished value claims in Virginia · How Is Diminished Value Calculated? · What Documents to Gather for an Auto Damage Claim · All guides
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Generally five years for injury to property under Va. Code § 8.01-243(B). Ask a Virginia attorney about your specific deadline.
No. Personal injury claims generally have two years under § 8.01-243(A).
Possibly. Talk to an attorney, and gather the repair invoice and sale paperwork.
After repairs are complete and you have the final invoice.
General information, not legal advice. Talk to a Virginia attorney about your specific claim.
Call or text Geoff at 434-665-6059. Lynchburg, VA.
