If you were injured as a passenger in a car accident in Virginia, you have legal rights to seek compensation for your injuries and losses.
You can file a passenger car accident claim in Virginia against the at-fault driver or other liable parties. Your rights arise from Virginia personal injury law and are not waived just because you were not driving.
This guide explains when a passenger can sue, who can be held responsible, the legal deadlines in Virginia, contributory negligence rules, and why legal help matters.
Who Can a Passenger Sue After a Virginia Car Accident?
You can sue one or more of the following:
- Driver of the vehicle you were in
If that driver was negligent and caused the crash, you can sue them or make a claim with their liability insurance. - Another driver that was involved in the crash
If a different driver caused the accident, you can pursue a claim or lawsuit against that driver’s insurer. - Employers of Drivers Who Were Working
If an employee of a company drives its truck and hits you, you can sue the corporation that employs the driver. - Multiple parties
In complex crashes, more than one driver might share fault. You can file claims against all responsible drivers.
You pursue compensation through the negligent party’s auto liability insurance or by filing a personal injury lawsuit in court if necessary.
Types of Damages You Can Seek
As an injured passenger, you can recover compensation for many losses. Common types include:
- Medical bills, current and future
- Lost wages if you missed work
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation or therapy costs
The exact amount depends on the severity of your injuries and the insurance coverage available.
Virginia’s Contributory Negligence Rule
Virginia follows an old doctrine that is called contributory negligence., Under this law, if you contribute, even in the least, to the happening of the accident, you cannot win. This rule means if you are found at even 1% at fault for your injuries, you may be barred from recovering anything.
Passengers are rarely found at fault because they do not control the vehicle. Still, actions such as interfering with the driver or driving knowingly with an intoxicated driver could be used to argue for contributory negligence.
An experienced Virginia personal injury lawyer will work to show you did not contribute to the accident.
Seatbelt Use and Passenger Claims
Virginia law now requires all passengers to wear a seatbelt.
However, not wearing a seatbelt does not prevent you from suing for injuries. Neither you nor a negligent driver can use a lack of seatbelt use to shift blame in court for the accident itself.
Statute of Limitations in Virginia
You must act quickly. Virginia sets strict deadlines for personal injury lawsuits:
- Two years from the date of the accident to file a claim in court.
If you miss this deadline, you will likely lose your right to sue. If the passenger dies because of the accident, a wrongful death claim can be filed by the family within two years of death.
Always start the legal process early to protect your rights.
Insurance Claims vs. Lawsuits
Most car accident claims settle through insurance, not in court or a jury trial. It is common for insurance companies to offer settlements before a lawsuit is filed. In our experience, the vast majority of these claims settle out of court.
A lawyer will help you:
- Identify all liable parties
- Calculate full damages
- Negotiate with insurers
- File a lawsuit if the offer is unfair
Settlements keep the case private and resolve far faster than jury trials.
When to Consider a Lawsuit
You should consider filing a personal injury lawsuit if:
- Insurance won’t offer fair compensation for your developed claim
- Liability is disputed
- Your injuries are serious or expensive to treat
In these situations, going to court may be necessary to secure adequate compensation.
