If you have been hurt in a car accident or another incident in Virginia, there is one legal rule you need to understand before you talk to any insurance company: contributory negligence. It is one of the main reasons injury claims in Virginia are handled differently than in most other states.
What Contributory Negligence Means
Most states use comparative fault, which reduces an injured person's recovery by their share of the blame. Virginia is one of only a handful of jurisdictions that still follow pure contributory negligence. Under this rule, if you are found to have been even slightly at fault for causing your own injuries, you may be barred from recovering anything from the other party.
How Insurance Companies Use the Rule
Insurers know about this rule, and they use it. An adjuster may ask questions designed to get you to admit that you were distracted, going a little fast, or not watching carefully. A small admission in a recorded statement can become the basis for denying the whole claim.
Common fault arguments
- You were speeding or following too closely
- You were looking at your phone
- You crossed outside a crosswalk
- You should have seen the hazard that caused your fall
Exceptions and Nuances
The rule is strict, but it is not the end of every case. Virginia recognizes doctrines such as "last clear chance" in some situations, and the rule applies differently to certain types of claims. Whether the other side can actually prove you were at fault is also a question of evidence. These issues are fact-specific and should be evaluated by a lawyer.
How to Protect Your Claim
- Photograph the scene, the vehicles and any hazards as soon as it is safe.
- Get names and phone numbers for witnesses.
- See a doctor promptly and keep your records.
- Avoid discussing fault at the scene or on social media.
- Talk to a lawyer before giving a recorded statement.
Virginia also generally gives you two years to file an injury lawsuit (Va. Code § 8.01-243), but evidence fades long before that. Learn more about our personal injury practice in Richmond, or read our guide to what happens after an arrest if the other driver was charged with a crime.
Facing this situation? Get a free consultation.
Talk with attorney Wendell Allen about your specific facts and options.
This article is general information about Virginia law as of its publication date, not legal advice. Reading it does not create an attorney-client relationship. Talk to a lawyer about your specific situation.
