If you’ve been injured in a car accident in Virginia, one of the first questions you might have is whether the state follows a “no-fault” or “at-fault” system for handling car accident claims. This distinction is important because it affects how your medical bills are paid, how you file your claim, and whether you can pursue compensation from the other driver. At the Halperin Law Center, we often hear this question from clients who are understandably confused after a crash. Let’s break it down in simple terms.
Virginia Is Not a No-Fault State
Virginia operates under an at-fault system when it comes to car accidents. That means the driver who caused the accident (or their insurance company) is responsible for paying the damages, whether that’s your medical bills, property damage, lost wages, or pain and suffering. In a no-fault state, on the other hand, drivers typically turn to their own insurance first, regardless of who caused the crash.
Because Virginia is an at-fault state, if you were injured due to someone else’s negligence (like speeding, distracted driving, or running a red light), you have the right to pursue a claim against that driver’s insurance company. If the insurance company doesn’t offer a fair settlement, you also have the option of filing a lawsuit to recover full compensation.
What Does This Mean for You After a Crash?
After a car accident in Virginia, it’s essential to determine who was at fault. That determination will play a central role in how your claim is handled. If you weren’t at fault, you can seek damages from the other driver’s insurance provider. But keep in mind, Virginia also follows a strict legal rule known as contributory negligence. If it’s found that you were at all at fault for the accident, you may be barred from recovering any compensation at all.
This makes proving fault and protecting your legal rights especially important. Insurance companies know the rules and may try to use contributory negligence to reduce or deny your claim. That’s why having an experienced attorney in your corner can make a major difference in the outcome of your case.
What About Medical Bills Right After the Accident?
Because Virginia is an at-fault state, the other driver’s insurance won’t pay your medical bills immediately after the accident. Instead, you may have to rely on your own health insurance, medical payment coverage through your auto insurance (called “MedPay”), or pay out of pocket while your claim is being processed. Once liability is established, your attorney can help you recover those expenses through a settlement or court award.
Dealing with insurance companies, even your own, can be frustrating. They may delay, dispute, or seriously undervalue your claim. That’s where skilled, effective legal guidance becomes essential. At the Halperin Law Center, we deal with insurers on your behalf so you can focus on your recovery. Let us handle the red tape.
Let the Halperin Law Center Help
Car accidents can leave you injured, confused, and overwhelmed, but you don’t have to go through the process alone. Understanding Virginia’s at-fault system is just the beginning. If you’ve been hurt in a crash that wasn’t your fault, the legal team at the Halperin Law Center is here to help you protect your rights, prove fault, and pursue the full compensation you deserve. Contact us today for a free consultation. We’re here to fight for you—every step of the way.
