Quick Answer: In Virginia, you have 2 years from the date of your car accident to file a personal injury lawsuit. This deadline is called the statute of limitations (SOL), and missing it can prevent you from ever getting compensation for your injuries.
However, there are certain situations that may shorten or extend that deadline which can affect your case.
What Is the Statute of Limitations for Car Accident Injuries & Death in Virginia?
According to Virginia Code § 8.01-243, you have exactly two years from the date of your car accident to file a personal injury lawsuit in court.
Think of it like this: If you were in a car accident on January 15, 2024, you would have until January 15, 2026, to file your case in court. After that date passes, Virginia law says it’s too late—even if you have strong evidence that the other driver was at fault.
This two-year deadline applies to most car accident cases in Virginia, including crashes involving cars, trucks, motorcycles, bicycles, and pedestrians.
Why Does Virginia Have This Time Limit? The statute of limitations exists for several important reasons. Evidence gets harder to find as time passes… witnesses move away, memories fade, and physical evidence disappears.
People and businesses need to know when they’re no longer at risk of being sued. Courts want to make decisions based on fresh, reliable evidence rather than old information that may no longer be accurate.
Exceptions to the Two-Year Rule in Virginia
While the two-year deadline applies in most cases, Virginia law recognizes some situations where you get more time to file your lawsuit.
If You Were Under 18 When the Accident Happened
Under Virginia Code § 8.01-229, if you were a minor (under age 18) when the car accident occurred, the statute of limitations doesn’t start running until you turn 18. This means you have until your 20th birthday to file a lawsuit. For example, if a 16-year-old is injured in a car accident on March 1, 2024, they would have until their 20th birthday to file a lawsuit—not just two years from the accident date.
However, there’s an important exception to this exception: if the minor has been legally emancipated (declared an adult by a court), the normal two-year deadline applies.
If You Were Legally Incapacitated
If you were legally incapacitated at the time of the accident—meaning a court has declared you unable to make legal decisions for yourself—the two-year clock may be paused until you regain capacity or until a guardian is appointed to act on your behalf.
Being incapacitated is a specific legal term. It doesn’t just mean you were unconscious or had a temporary injury. It typically means a court has determined you cannot understand or manage your own affairs, often due to severe mental disability or cognitive impairment.
If a Criminal Case Is Filed
Virginia Code § 8.01-229(K) says that if criminal charges are filed against the driver who caused your accident, the time while that criminal case is pending doesn’t count toward your two-year deadline.
For example, if a drunk driver hits you and faces criminal DUI charges, the statute of limitations for your civil lawsuit is “tolled” (paused) while the criminal case moves through the courts.
After the criminal case ends, you still have time to file your civil lawsuit.
If Someone Dies in the Accident
When a car accident results in someone’s death, their family may file a Virginia wrongful death lawsuit.
According to Virginia Code § 8.01-229(B), if the person dies before filing a lawsuit, their personal representative has either two years from the date of death or one year after being appointed as personal representative—whichever is longer.
Government-Related Accidents Have Special Rules
If your accident involved a government vehicle or occurred on government property, special rules apply that can significantly shorten your deadline.
For claims against Virginia state or local government entities, you typically must file a notice of claim within six months of the accident. This is not the same as filing a lawsuit, but a formal notice that you intend to make a claim. If you miss this six-month notice requirement, you may lose your right to sue altogether.
Examples of government accidents include being hit by a city bus/vehicle or getting injured in an accident at a state park.
What If I Miss the Statute of Limitations?
Missing the statute of limitations is serious. If you try to file your lawsuit even one day late, the person you’re suing can ask the court to dismiss your case immediately.
The judge will almost certainly agree, which means you lose your right to compensation no matter how badly you were injured or how clear it is that the other driver caused the crash.
You won’t be able to recover money for medical bills, lost wages, pain and suffering, or any other damages. The insurance company knows this, which is why they may delay settlement negotiations if they think you’re getting close to the deadline.
Here’s an example: Maria was rear-ended on February 1, 2024. She thought she just had a minor bruise, so she didn’t go to the doctor right away. Three months later, she discovered she actually had a serious back injury that requires surgery. Even though Maria didn’t know the full extent of her injuries until May, her two-year deadline still started on February 1, 2024 (the day of the crash).
Once the statute of limitations expires, your case is almost always barred forever. Courts take this deadline very seriously, and judges rarely make exceptions.
Filing a Lawsuit vs Filing an Insurance Claim
It’s important to understand that the two-year statute of limitations applies to filing a lawsuit in court—not to filing a claim with an insurance company.
Insurance companies often have their own deadlines in the policy language, sometimes requiring you to report accidents within 30 days or notify them “as soon as reasonably possible.”
However, insurance claims and lawsuits are different. You might spend a year negotiating with the insurance company, and if you can’t reach a fair settlement, you still need to file your lawsuit before the two-year deadline expires.
Many people make the mistake of thinking that because they’re talking to the insurance company, they don’t need to worry about the statute of limitations. That’s not true. The insurance company’s deadlines and the court’s deadlines are completely separate.
Why You Shouldn’t Wait Until the Last Minute
Even though you have two years, waiting until close to the deadline to contact a lawyer is a bad idea for many reasons.
First, attorneys need time to investigate your case. They need to gather evidence, interview witnesses, obtain medical records, and possibly hire experts. Rushing this process at the last minute makes it harder to build a strong case.
Second, some lawyers won’t take cases that are close to the statute of limitations deadline because they don’t have enough time to properly prepare.
Third, evidence disappears over time. Witnesses move away or forget details. Security camera footage gets erased. Physical evidence from the accident scene may no longer exist.
Be Cautious With Insurance Companies
Insurance adjusters are well aware of the statute of limitations, and some use it as a negotiation tactic.
They might drag out settlement negotiations, make low offers, and request endless documentation, all while the clock is ticking toward your deadline. As you get closer to the two-year mark, they know you’re in a weaker position because you’re running out of time to file a lawsuit.
This is one reason why having an experienced Virginia personal injury attorney early in the process is so important. A lawyer can file the lawsuit before the deadline, which removes the insurance company’s leverage and shows you’re serious about getting fair compensation.
Steps to Protect Your Rights
To make sure you don’t lose your right to compensation, consider these steps after a car accident:
- Document everything immediately. Take photos of the accident scene, your injuries, and vehicle damage.
- Strongly consider medical treatment if you were injured. Some serious injuries, like brain injuries, don’t always show symptoms immediately.
- Contact a Virginia personal injury lawyer ASAP to avoid costly mistakes or missing important deadlines.
- Even if an adjuster says they’re “working on your claim,” that doesn’t stop the statute of limitations clock from running.
Frequently Asked Questions
- Can I sue after accepting an insurance settlement? Usually no. When you accept a settlement from an insurance company, you typically sign a release that says you won’t sue. This is why it’s important to consult with a Virginia car accident attorney before accepting any settlement offer. Once you sign that release, you generally can’t go back and ask for more money later.
- What if I didn’t know who hit me right away? The two-year deadline still starts on the date of the accident. However, if you have uninsured motorist coverage on your own insurance policy, you may be able to file a claim with your own insurer even if you never identify the at-fault driver.
- Does talking to a lawyer count as filing a lawsuit? No. Consulting with a car accident attorney, even if they agree to represent you, doesn’t stop the statute of limitations clock. The lawsuit must actually be filed with the court before the deadline expires.
- What if the other driver doesn’t have insurance? The statute of limitations still applies. You would need to file a lawsuit within two years, even if the other driver can’t pay. Your own uninsured motorist coverage (if you have it) may provide compensation in this situation.
- Can the statute of limitations be extended? Only in the specific circumstances outlined in Virginia law, such as if you were a minor, were legally incapacitated, or if a criminal case was pending. There are very few exceptions, and you shouldn’t count on qualifying for one.
Contact a Norfolk Car Accident Lawyer
At the Law Offices of Richard J. Serpe, PC, our team of dedicated Virginia personal injury attorneys is committed to standing up for individuals and families who have suffered due to the negligence of others.
With nearly four decades of experience, we’ve built a strong reputation for excellence in personal injury and wrongful death across the state of Virginia.
Call 757-233-0009, chat with us, or email us to set up for free consultation today.
