What to Do After an Auto Accident in Virginia Without Injuries

Chapter 1: Immediate Steps at the Accident Scene

Stay at the Scene and Ensure Safety

Never leave the scene of the accident, even if it appears minor. Leaving the scene could result in criminal charges. Instead, move to a safe area if possible without obstructing traffic and turn on your hazard lights to alert other drivers.

Contact Law Enforcement Immediately

Virginia law requires you to report accidents to police if property damage exceeds $1,500, any vehicle needs to be towed, or there’s damage to structures or fixed property. The police report is crucial evidence for your property damage claim, even though it’s not immediately admissible in court. This report will establish important facts about the accident and serve as valuable documentation when dealing with insurance companies.

Exchange Information with All Parties

Collect comprehensive information from everyone involved, including names, addresses, phone numbers, driver’s license numbers, vehicle information (make, model, year, VIN), insurance company names and policy numbers, and contact information for any witnesses. This exchange of information is required by Virginia law and will be essential for filing your property damage claim.

Document the Accident Scene

While at the scene, take photos of all vehicles involved from multiple angles, document the damage to your vehicle, photograph the accident location and road conditions, capture any contributing factors (weather, road signs, traffic signals), record positions of vehicles after the accident, and document any damage to property other than vehicles. The more thorough your documentation, the stronger your property damage claim will be.

Important Things to Avoid

Do not admit fault or discuss who caused the accident, do not discuss policy limits with other parties, do not sign any documents at the scene, and do not give recorded statements without consulting an attorney. Virginia is a contributory negligence state, meaning if you’re found even slightly at fault, you may be barred from recovering damages.

Chapter 2: Steps After Leaving the Scene

Obtain the Official Accident Report

To get your police report, visit the Virginia DMV website and complete the Information Request Form (CRD 93). You’ll need to pay an $8 fee and mail or fax the form to:

Customer Records Work Center, Room 514
Virginia Department of Motor Vehicles
PO Box 27412
Richmond, VA 23269

When requesting the report, provide details about the accident time and date, your involvement, the location, driver names, and your driver’s license number if you were involved.

Notify Your Insurance Company

Report the accident to your insurer promptly, typically within 30 days as required by most policies. Provide basic facts without admitting fault or accepting blame. Don’t downplay the damage when speaking with your insurance company, as this could affect your claim later.

File Your Property Damage Claim

Contact the at-fault driver’s insurance company to open a property damage claim, request an appointment for vehicle inspection, and ask to be assigned a property damage adjuster. This initiates the formal claims process and establishes your right to compensation.

Chapter 3: Understanding Virginia Property Damage Law

Key Time Limits

Virginia law provides five years to file a property damage lawsuit, while personal injury claims must be filed within two years if injuries appear later. Insurance claims should be filed promptly according to your policy terms, with many insurers requiring notification within 30 days of the accident.

Virginia’s Contributory Negligence Rule

Virginia follows a strict contributory negligence rule. If you contributed to the accident in any way, you may be completely barred from recovering damages. This harsh rule makes it essential to avoid admitting fault and to carefully document all circumstances of the accident.

Chapter 4: Evaluating Your Property Damage Claim

Types of Property Damage Claims

Total Loss occurs when repair costs exceed your vehicle’s value, resulting in the insurance company declaring it a total loss. Partial Loss applies when repairs cost less than the vehicle’s value, entitling you to repair compensation. Diminished Value claims compensate you for your vehicle’s reduced value after repairs, recognizing that even properly repaired vehicles may be worth less than before the accident.

Valuing Your Vehicle

Virginia law accepts several valuation services including the National Automobile Dealers’ Association (NADA), J.D. Power Official Used Car Guide, Kelly Blue Book, and other industry-recognized valuation services. These sources are legally admissible as evidence of fair market value in Virginia courts.

Factors Affecting Vehicle Value

Insurance adjusters consider multiple factors when evaluating your vehicle, including make, model, and year, mileage at the time of accident, pre-accident condition, market value of similar vehicles in your area, depreciation, and salvage value. Understanding these factors helps you negotiate effectively with insurance companies.

Chapter 5: Negotiating with Insurance Companies

Prepare for Negotiations

Before entering negotiations, obtain independent vehicle valuations, document your vehicle’s pre-accident condition, gather repair estimates from multiple shops, and keep all receipts for related expenses including towing, storage, and rental car costs. This preparation gives you leverage in negotiations.

During Negotiations

Present evidence of your vehicle’s value, compare the insurance offer to independent valuations, and don’t accept the first offer without review. Keep detailed records of all communications, including dates, times, names of representatives, and what was discussed. Insurance companies often start with lowball offers, expecting negotiation.

If Negotiations Stall

When negotiations reach an impasse, request to speak with a supervisor, provide additional documentation supporting your claim, consider mediation as an alternative to litigation, and prepare to file a lawsuit if necessary. Don’t let insurance companies pressure you into accepting an unfair settlement.

Chapter 6: When to File a Lawsuit

Filing a Warrant in Debt

If insurance negotiations fail, file a Warrant in Debt in General District Court (GDC). This legal document claims the insurance company owes you more money than offered. The process requires proving your vehicle is worth more than the insurance company’s offer and presenting all documentation in court.

Evidence for Court

Bring comprehensive evidence including accident photos and videos, the police report, phone call logs with the insurance company, all correspondence (emails, letters), repair estimates, independent vehicle valuations, witness statements, and receipts for all related expenses. Organization and completeness of evidence can determine the success of your case.

Chapter 7: Additional Considerations

Rental Car Coverage

Check if your policy includes rental reimbursement, document all rental expenses if not covered, and keep receipts for all transportation costs. Some insurance companies may try to limit rental coverage duration or daily rates, so understand your policy limits.

Storage Fees

Minimize storage costs by acting quickly, document all storage-related expenses, and negotiate storage fee coverage with insurance. Extended storage can become expensive, and insurance companies may dispute excessive storage charges.

Uninsured/Underinsured Motorist Coverage

If the at-fault driver lacks adequate insurance, file a claim with your own insurance using UM/UIM coverage if available. You may need to consider legal action against the driver directly, though collecting damages from uninsured drivers can be challenging.

Frequently Asked Questions About Property Damage Accidents in Virginia

Do I need to report a minor fender bender to the police if there are no injuries?

Yes, if the property damage exceeds $1,500. Virginia law requires you to report any accident with property damage over $1,500, even if no one is injured. The police report serves as crucial evidence for your property damage claim, even though it’s not immediately admissible in court.

How long do I have to file a property damage claim in Virginia?

You have 5 years to file a property damage lawsuit in Virginia. However, your insurance policy may require you to report accidents much sooner, typically within 30 days. It’s best to notify your insurance company promptly and begin the claims process immediately to preserve evidence and strengthen your case.

What if I was partially at fault for the accident?

Virginia follows a strict contributory negligence rule. If you’re found to be even 1% at fault for the accident, you may be completely barred from recovering any damages. This is why it’s crucial to never admit fault at the scene and to consult with an attorney before giving any statements to insurance companies.

Can I claim diminished value for my vehicle after it’s been repaired?

Yes, Virginia law allows you to recover “loss of value” or diminished value if your car was damaged due to someone else’s negligence. Even with professional repairs, your vehicle may be worth less than before the accident. However, you cannot claim diminished value from your own insurance company if you were at fault.

What valuation guides are legally accepted in Virginia for determining my car’s value?

Virginia law recognizes several valuation services including the National Automobile Dealers’ Association (NADA), J.D. Power Official Used Car Guide, Kelly Blue Book, and other industry-recognized valuation services. These sources are admissible as evidence of fair market value in Virginia courts.

Do I have to accept the insurance company’s first offer?

No, you are not obligated to accept the first offer. Insurance companies often start with lowball offers expecting negotiation. It’s important to obtain independent valuations, gather repair estimates, and document your vehicle’s pre-accident condition before accepting any settlement.

What’s the difference between total loss and partial loss?

A total loss occurs when the cost to repair your vehicle exceeds its actual cash value. In this case, the insurance company will pay you the vehicle’s pre-accident value minus any deductible. A partial loss means repairs cost less than the vehicle’s value, so the insurance company will pay for repairs.

Can I choose my own repair shop?

Yes, you have the right to choose your own repair shop in Virginia. While insurance companies may recommend preferred shops, they cannot require you to use a specific facility. However, if you choose a shop with higher rates than average, you may be responsible for the difference.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured, you can file a claim under your own Uninsured Motorist (UM) coverage if you have it. You can also sue the driver directly, though collecting damages from uninsured drivers can be challenging. This is why UM/UIM coverage is valuable protection.

How is my vehicle’s value determined after an accident?

Insurance companies consider several factors including make, model, year, mileage, pre-accident condition, market value of similar vehicles in your area, depreciation, and salvage value. They typically use the lowest reasonable value, which is why obtaining independent valuations is important.

What expenses can I recover in a property damage claim?

You can typically recover repair or replacement costs, diminished value, towing and storage fees, rental car expenses, and damage to personal property inside the vehicle. Keep all receipts and documentation for these expenses.

What should I do if I disagree with the insurance company’s valuation?

First, obtain independent valuations from recognized sources. Present this evidence to the insurance adjuster and negotiate. If negotiations fail, you can file a Warrant in Debt in General District Court to prove your vehicle is worth more than offered.

Can I file a claim if I hit a deer or other animal?

Collisions with animals are typically covered under comprehensive coverage, not collision coverage. This is separate from property damage liability, which covers damage you cause to others. Check your policy to see if you have comprehensive coverage.

What if my car is damaged by road debris or objects?

Damage from road debris may be covered under collision or comprehensive coverage, depending on the circumstances. If another driver caused debris to hit your car, you might be able to file a claim against their liability insurance. Document the incident thoroughly and report it promptly.