After a crash in Virginia, stop, make sure everyone is safe, and exchange information. Virginia law requires drivers in a crash involving injury, death or damage to an attended vehicle to stop and report their name, address, license and registration (Va. Code § 46.2-894). Then document everything and open the claim.
Get to safety and call 911 if anyone is hurt. Exchange names, addresses, driver's license numbers, registration and insurance information. Photograph the vehicles, the scene, road conditions and any damage to property. Get witness names and phone numbers, and the police report number if officers respond.
Report the claim to your insurer and, if the other driver was at fault, to their insurer. Write down the claim numbers and adjusters' names. Keep a simple log of every call and email.
Get the insurer's estimate in writing. Virginia regulations require an insurer that prepares a repair estimate to give you a copy (14VAC5-400-80). You can compare it with your own repair facility's estimate.
Keep the final repair invoice. If you weren't at fault, ask the other driver's insurer about diminished value, the loss in market value that remains after a good repair. Virginia courts allow recovery of repair cost plus remaining loss in value (Averett v. Shircliff, 1977).
Virginia generally allows five years to sue for property damage (Va. Code § 8.01-243(B)), but don't wait. Virginia also follows contributory negligence, so fault disputes can matter a lot. Talk to a Virginia attorney about fault or injury questions.
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: First-Party vs. Third-Party Insurance Claims Explained · What Documents to Gather for an Auto Damage Claim · Diminished value claims in Virginia · All guides
Areas we serve: Lynchburg · Roanoke · Charlottesville · All areas
Yes. Va. Code § 46.2-894 requires drivers to stop and report their information when a crash involves injury, death, or damage to an attended vehicle or property.
Yes. Since July 1, 2024, Virginia no longer offers the uninsured motor vehicle fee option, and registered vehicles must carry liability insurance, according to Virginia DMV.
Yes. Virginia regulation 14VAC5-400-80 requires an insurer that prepares a repair estimate to give the claimant a copy.
Virginia generally allows five years to sue for property damage under Va. Code § 8.01-243(B). Ask an attorney about your deadline.
General information, not legal advice. Talk to a Virginia attorney about your specific claim.
Call or text Geoff at 434-665-6059. Lynchburg, VA.
