What to Do After a Car Accident

After a car accident in Virginia, focus first on safety, emergency assistance and compliance with your legal duties. Once immediate risks are addressed, document the collision, obtain appropriate medical care, notify the correct insurers and preserve records that may be relevant to a property-damage or personal injury claim.

The ten principal steps are:

1. Check for injuries and call 911 when necessary.
2. Move out of active traffic when Virginia law requires and it is safe.
3. Report qualifying collisions to law enforcement.
4. Stop, exchange required information and assist injured people.
5. Photograph the scene, vehicles and visible injuries.
6. Identify witnesses and potential video sources.
7. Obtain appropriate medical evaluation.
8. Notify your automobile insurer promptly.
9. Preserve reports, bills, correspondence and damaged property.
10. Review deadlines, insurance coverage and whether legal advice is needed.

A Norfolk car accident lawyer can evaluate the collision, available evidence, insurance policies and Virginia legal issues. Hiring an attorney does not guarantee compensation or a particular result.

Virginia Car Accident Checklist

When	What to do
Immediately	Check for injuries, call 911, activate hazard lights and avoid active traffic.
At the scene	Stop, exchange information, assist injured people and follow police instructions.
When safe	Photograph the vehicles, road, traffic controls, debris and visible injuries.
Within hours or days	Obtain appropriate medical evaluation, notify your insurer and request the crash information.
During the claim	Preserve records, track expenses, review coverage and avoid signing an unexplained release.
Before the deadline	File any required lawsuit or government notice within the applicable period.

1. Check for Injuries and Call 911

Check yourself and your passengers before focusing on vehicle damage.

Call 911 when:

• Anyone appears injured or unconscious.
• Someone has serious bleeding, breathing difficulty or severe pain.
• A person appears confused or disoriented.
• A vehicle blocks or endangers traffic.
• A driver appears impaired.
• A vehicle is on fire or leaking fuel.
• A driver leaves or attempts to leave.
• You are unsure whether emergency assistance is needed.

Do not move a seriously injured person unless an immediate danger—such as fire or moving traffic—makes remaining in place more hazardous.

Provide reasonable assistance

Virginia law requires a driver involved in an accident causing injury or death to render reasonable assistance. That may include contacting emergency services or arranging transportation for medical care when treatment is apparently necessary or requested.

Do not provide medical treatment beyond your training.

2. Move the Vehicle When It Is Safe and Required

If the collision caused no injury or death, the vehicle can be moved, and the driver is capable of acting safely, Virginia law generally requires moving the vehicle from the roadway to avoid obstructing traffic.

When possible:

• Turn on the emergency flashers.
• Move to the shoulder or another safe nearby location.
• Avoid standing between vehicles.
• Do not remain in an active travel lane to take photographs.
• Tell law enforcement where the vehicles were moved.

Moving a drivable vehicle for safety does not necessarily prevent an officer from investigating the collision.

When someone is injured, a person has died or moving the vehicle would be unsafe, follow emergency and law-enforcement instructions.

3. Report the Collision to Law Enforcement

Under Virginia Code § 46.2-371, a driver involved in a crash causing injury or death must immediately notify a law-enforcement officer.

Calling police may also be prudent in a property-damage-only accident when:

• The vehicles cannot be moved safely.
• A driver refuses to exchange information.
• A driver appears impaired.
• A commercial or government vehicle is involved.
• Public property was damaged.
• There is a disagreement about what happened.
• A vehicle leaves the scene.

When must an officer forward a crash report?

Under Virginia Code § 46.2-373, an officer who investigates a crash involving injury, death or apparent total property damage of at least $3,000 must forward a written report to the Virginia Department of Motor Vehicles within 24 hours after completing the investigation.

The $3,000 threshold concerns the officer’s reporting responsibility. It does not determine whether an injured person has a valid claim or whether the vehicles should remain at the scene.

4. Stop, Exchange Information and Assist Injured People

Under Virginia Code § 46.2-894, an involved driver must stop as close to the scene as possible without unnecessarily obstructing traffic.

Exchange or record:

• Full name
• Address
• Driver’s license number
• Vehicle registration number
• License plate number
• Automobile insurance company
• Policy or insurance-card information
• Telephone number
• Vehicle owner’s information when different from the driver

Photograph the other driver’s license, registration and insurance card only with permission or as directed by law enforcement.

Do not argue about fault

Provide factual information and cooperate with emergency personnel. Avoid confrontation or detailed roadside debate about legal responsibility.

A statement such as “I am sorry you were hurt” is not necessarily a legal admission. However, avoid speculative statements such as:

• “The accident was entirely my fault.”
• “I definitely did not see the light.”
• “I must have been speeding.”
• “I am not injured.”

It is appropriate to say that you do not know or cannot remember when that is true.

5. Document the Accident Scene

Document the scene only when doing so will not interfere with emergency assistance or expose you to moving traffic.

Photograph or record:

• All vehicles and visible damage
• Vehicle positions before they are moved, when safe
• License plates
• Skid marks, debris and fluid trails
• Traffic lights, signs and lane markings
• Road and weather conditions
• Nearby construction or road hazards
• Visible injuries
• Damage to guardrails, signs or other property
• The wider scene from several directions

Keep the original photographs and video. Avoid applying filters, cropping out context or deleting files that appear unfavorable.

Record a brief factual timeline

When you are safe, record:

• The date and approximate time
• The exact location
• Your direction and lane of travel
• Traffic-signal conditions
• What you observed immediately before impact
• Statements made by the other driver
• The names or badge numbers of responding officers
• The report or incident number

Write what you remember without filling gaps through guesswork.

6. Identify Witnesses and Potential Video

Obtain each witness’s:

• Name
• Telephone number
• Email address
• Brief description of what the person observed

Do not tell witnesses what they should say.

Look for video sources

Potential footage may come from:

• Dash cameras
• Doorbell cameras
• Business surveillance systems
• Apartment or parking-garage cameras
• Public buses
• Commercial vehicles
• Traffic-management systems

Some systems overwrite recordings routinely. Identify the source promptly and consider whether a preservation request is appropriate.

7. Obtain Appropriate Medical Care

Emergency symptoms should take priority over insurance or evidence concerns.

Call 911 or seek emergency care for symptoms such as:

• Loss of consciousness
• Difficulty breathing
• Serious bleeding
• Severe neck, back, chest or abdominal pain
• Weakness, numbness or inability to move normally
• A worsening headache
• Repeated vomiting
• Seizure
• Slurred speech
• Increasing confusion or unusual behavior
• One pupil larger than the other
• Increasing drowsiness or difficulty waking

Some injuries and concussion symptoms may not be apparent immediately. Contact a qualified healthcare professional when new or worsening symptoms develop.

Describe the incident accurately

Tell the healthcare provider:

• How the collision occurred
• Where your body struck or moved
• Whether the airbag deployed
• Whether you lost consciousness
• Every symptom you are experiencing
• Relevant previous injuries or medical conditions

Medical treatment should be based on health needs—not on an effort to increase a legal claim.

Follow medical instructions

Ask for written guidance concerning:

• Medication
• Work restrictions
• Driving
• Exercise
• Follow-up appointments
• Reasons to return for urgent care

Report persistent or worsening symptoms rather than assuming they will resolve without evaluation.

8. Notify Your Automobile Insurer

Review your policy and notify your insurer promptly. Policies commonly require notice and reasonable cooperation.

Initial notice may include:

• The date and time
• The location
• The vehicles and drivers involved
• The police-report number
• Whether anyone reported an injury
• Where the vehicle was towed

Be accurate and concise. Do not speculate about:

• Legal fault
• Vehicle speed
• Stopping distance
• A medical diagnosis
• Whether an injury is permanent
• The value of the claim

Your insurer versus the other driver’s insurer

Your contractual obligations to your own insurer may differ from your obligations to another driver’s liability insurer.

Before giving a recorded statement, ask:

• Which insurer is requesting it?
• Whom does the insurer represent?
• Which policy and claim number apply?
• Is the statement required under your policy?
• How will the recording be used?
• Will you receive a copy or transcript?

Review possible first-party coverage

Depending on the purchased policy, potential benefits may include:

• Collision coverage
• Rental reimbursement
• Medical-expense benefits
• Income-loss benefits
• Uninsured motorist coverage
• Underinsured motorist coverage
• Towing or roadside assistance

Do not assume a coverage applies until the policy and declarations page have been reviewed.

9. Obtain the Crash Report and Preserve Records

Ask the investigating agency how to obtain the report. Eligible people may also request a complete Virginia police crash report from the Department of Motor Vehicles.

A police report may include:

• Driver and vehicle information
• Insurance-carrier information
• Witness information
• A diagram
• Officer observations
• Traffic charges
• Statements attributed to participants

The report does not necessarily decide civil fault and may contain errors or incomplete information.

Preserve a claim file

Keep copies of:

• The police report
• Photographs and video
• Witness information
• Insurance policies and declarations pages
• Claim correspondence
• Medical records and bills
• Prescription receipts
• Work restrictions
• Pay statements and income records
• Towing and storage bills
• Repair estimates
• Rental-car documents
• Receipts for other accident-related expenses

Preserve the vehicle when necessary

Do not permit repair, salvage or destruction before appropriate inspection when the case may involve:

• A defective tire
• Brake or steering failure
• Airbag malfunction
• Seat-belt failure
• A commercial vehicle
• A disputed impact sequence
• Electronic crash data

10. Review Releases, Deadlines and Whether You Need Legal Advice

Do not sign an unexplained release

A settlement release may end all covered claims against the people and companies identified in the document.

Before signing, determine:

• Which defendants and insurers are being released
• Whether the release includes unknown injuries
• Whether treatment is complete
• Whether future care may be needed
• Whether uninsured or underinsured coverage may apply
• Whether medical liens or reimbursement claims exist
• Whether the property and bodily injury claims are both included

Virginia gives certain unrepresented personal injury claimants a limited right to rescind a release signed within 30 days after the incident. The statutory right has strict timing, written-notice and repayment requirements and should not be treated as a substitute for reviewing the document before signing.

Track the filing deadline

Under Virginia Code § 8.01-243:

• A personal injury action generally must be filed within two years after accrual.
• A property-damage action generally must be filed within five years after accrual.

Different deadlines, notice requirements or exceptions may apply when:

• The injured person is a minor or legally incapacitated.
• A death results from the collision.
• A government vehicle or agency is involved.
• The other driver cannot be identified.
• Another specialised statute applies.

Insurance negotiations, vehicle repairs and traffic proceedings do not necessarily extend the civil filing period.

Should You Post About the Accident on Social Media?

Use caution. Public or discoverable content may be compared with statements about:

• How the collision occurred
• The severity of the injuries
• Physical limitations
• Work restrictions
• Travel and activities

Do not post accusations, medical conclusions or settlement information.

Do not delete or alter relevant material after a claim or lawsuit is reasonably anticipated. Preserve it and obtain individual advice concerning privacy and disclosure.

What if the Other Driver Leaves?

Call police immediately and provide everything you remember, including:

• License plate information
• Vehicle make, model and color
• Direction of travel
• Driver description
• Visible vehicle damage
• Photographs or video
• Witness information

Notify your own insurer promptly. Uninsured motorist coverage may become relevant when the responsible driver cannot be identified, subject to Virginia law and the policy terms.

What if You Hit an Unattended Vehicle or Property?

Do not leave without making reasonable efforts to identify the owner or custodian.

Virginia law may require the driver to:

• Stop;
• Make a reasonable search for the owner or custodian;
• Leave a written note containing required identifying information when the person cannot be found; and
• Make the required written report to law enforcement within the statutory period.

Photograph the damage and preserve a copy or photograph of the note.

Does a Police Citation Decide the Claim?

No. A traffic citation may be relevant, but it does not automatically resolve civil liability.

The civil claim may require review of:

• Physical evidence
• Witness accounts
• Video
• Vehicle data
• Traffic laws
• The final disposition of the citation
• Contributory-negligence allegations

How Can Contributory Negligence Affect the Claim?

Virginia generally follows contributory negligence in ordinary negligence cases.

A defendant may argue that the injured person:

• Was speeding
• Was following too closely
• Failed to maintain a proper lookout
• Made an unsafe lane change
• Was distracted
• Ignored a traffic signal

An allegation is not proof. The defendant must establish that the claimant was negligent and that the negligence proximately contributed to causing the collision or injury.

Learn more about how contributory negligence may affect a Virginia injury claim.

Does Every Accident Require a Lawyer?

No. A person may be able to manage a straightforward property-damage or limited-injury claim when:

• Fault is clear.
• No significant injury occurred.
• Treatment is complete.
• No future care or income loss is expected.
• Adequate insurance is available.
• The insurer is addressing the documented losses.

Legal advice may be especially useful when:

• The injuries are serious or permanent.
• Fault is disputed.
• The claimant is accused of contributory negligence.
• Several vehicles or defendants are involved.
• A commercial, rideshare or government vehicle is involved.
• The responsible driver is uninsured or underinsured.
• Important evidence may disappear.
• The insurer disputes medical causation.
• An early settlement or broad release has been offered.
• The filing deadline is approaching.

What Can a Car Accident Lawyer Do?

Depending on the case and written scope of representation, a lawyer may:

• Investigate the collision
• Preserve video, vehicle and electronic evidence
• Interview witnesses
• Evaluate legal responsibility
• Identify applicable insurance policies
• Collect medical and employment records
• Document past and future losses
• Communicate with insurers
• Evaluate settlement offers
• File and litigate a lawsuit when appropriate

The client decides whether to accept or reject a settlement after consulting with the lawyer.

Learn more about what a car accident lawyer may do and how a personal injury claim may be evaluated.

How Do Contingency Fees Work?

Many personal injury firms handle qualifying claims under a written contingency-fee agreement.

The agreement should explain:

• The percentage applying at settlement
• Whether the percentage changes after litigation, trial or appeal
• Which case expenses may be charged
• Whether expenses are deducted before or after calculating the fee
• Whether the client owes expenses if there is no recovery
• Which legal services are included

“No fee unless there is a recovery” does not necessarily mean that every expense is free. Review the written terms carefully.

Frequently Asked Questions

Do I have to call police after every Virginia car accident?

Virginia requires immediate notice when the crash causes injury or death. Calling police may also be prudent in many property-damage accidents, particularly when vehicles obstruct traffic, a driver appears impaired, information is disputed or someone leaves.

Should I move my vehicle?

When there are no injuries or deaths, the vehicle is movable, and movement can be completed safely, Virginia law generally requires moving it from the roadway to avoid obstructing traffic.

What information must drivers exchange?

Virginia law requires identifying and vehicle-registration information. Drivers should also exchange insurance and reliable contact information.

Does the police report decide who was at fault?

No. The report may be important evidence, but disputed civil liability may require additional physical, testimonial and electronic evidence.

Should I see a doctor even when I feel fine?

Seek emergency help for urgent symptoms. Contact a healthcare professional when symptoms develop, persist or worsen, or when you are uncertain whether evaluation is needed.

Should I give the other insurer a recorded statement?

There is no universal answer. First identify which insurer is requesting it, whom the insurer represents and whether any policy requires cooperation.

Can I repair my vehicle immediately?

Ordinary repairs may proceed in straightforward claims. Preserve the vehicle before repair or destruction when a mechanical defect, airbag issue, commercial vehicle or disputed collision mechanism may require inspection.

Should I accept a quick settlement?

An early settlement may be appropriate in some cases, but signing a release may permanently end covered claims. Understand the injuries, insurance, liens and release language first.

How long do I have to file?

A Virginia personal injury action generally must be filed within two years. Property-damage actions generally have a five-year period, subject to other statutes and exceptions.

Does hiring an attorney guarantee compensation?

No. The outcome depends on liability, causation, damages, insurance, evidence and applicable defenses.

Discuss a Virginia Car Accident With Atkinson Law

The steps taken after a collision can affect safety, evidence preservation, insurance coverage and legal deadlines. They do not guarantee a settlement or trial result.

Atkinson Law can review the collision, injuries, police information, insurance policies and potential Virginia legal issues.

Contact Atkinson Law to request a free, no-obligation consultation about a Virginia car accident.

This page provides general legal, insurance and medical information. It does not guarantee compensation or a particular outcome. Call 911 for emergencies and obtain advice from a qualified healthcare professional concerning injuries. Reading this page or contacting the firm does not create an attorney-client relationship.