What to do next after you receive a crash report — Virginia personal injury FAQ
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney.
Detailed Answer — clear steps to move a Virginia personal injury claim forward once you have the crash report
Receiving the official crash report gives you factual support to build a personal injury claim. Use it as a foundation and follow these practical steps. Each step explains why it matters and what you should do next.
1. Read the crash report carefully and verify the facts
Check names, vehicle descriptions, driver statements, officer observations, and diagram details. Note any inconsistencies between the report and your memory or photos. The crash report supports liability, but it is not the only evidence.
2. Preserve and organize evidence
Collect and secure all relevant materials now:
- Photos and videos of vehicles, damage, road conditions, traffic signs, and injuries.
- Medical records, test results, treatment notes, prescriptions, and medical bills.
- Pay stubs or employer statements documenting lost wages.
- Repair estimates, receipts, and rental car records.
- Names and contact information for witnesses listed on the crash report or that you located.
3. Request additional reports and records
Order full copies of the crash report and any supplemental reports from the investigating agency or the Virginia Department of Motor Vehicles (DMV). Official instructions for crash-report copies are available from the Virginia DMV: Virginia DMV — Crash Report Requests.
4. Get medical treatment and document everything
Seek prompt medical care. Ongoing treatment strengthens your claim. Keep detailed records of appointments, diagnoses, treatment plans, and out-of-pocket costs. Virginia law requires you to file a lawsuit within a limited time for most injury claims — usually two years from the date of the injury for personal injury actions: Va. Code § 8.01-243. Missing this deadline can bar recovery.
5. Notify your insurer and the other party’s insurer
Report the crash to your insurance company promptly, following your policy rules. The other driver’s insurer will likely contact you. Be truthful but brief. Avoid detailed recorded statements or admitting fault without consulting an attorney.
6. Calculate your damages
Track economic damages: medical bills, future medical costs (estimated), lost wages, vehicle damage, and other out-of-pocket expenses. Also document non-economic losses such as pain and suffering, reduced quality of life, and emotional distress. These categories form the basis for a settlement demand or lawsuit.
7. Consider a demand letter
When your medical treatment has stabilized and you have a reasonable damage estimate, prepare a demand package to the at-fault party’s insurer. Include the crash report, medical records, bills, photos, and a clear settlement figure or range. If you are unsure how to value non-economic losses, a Virginia personal injury attorney can advise you.
8. Negotiate with the insurer or prepare to file suit
Insurers typically open negotiations after a demand. Evaluate offers against your documented damages and risks (including Virginia’s contributory negligence rule, which can bar recovery if you were even partly at fault). If the insurer refuses a fair offer, you may need to file suit in the appropriate Virginia court before the statute of limitations runs.
9. Hire a Virginia personal injury attorney when appropriate
An attorney can assess liability, gather further evidence, calculate fair damages, negotiate with insurers, and file suit if needed. Consider hiring an attorney if injuries are significant, liability is disputed, or the insurer offers an inadequate settlement. Many Virginia injury attorneys work on a contingency-fee basis, meaning they advance costs and are paid only if you recover.
10. Prepare for litigation if settlement fails
If negotiations stall, the next step is filing a complaint in Virginia’s appropriate court. Your attorney will handle pleadings, discovery (document requests, depositions, interrogatories), expert witnesses, and trial preparation. Remember the two-year statute of limitations in most Virginia personal injury cases: Va. Code § 8.01-243.
Helpful Hints
- Keep a single, chronological claim file with copies of every document and correspondence.
- Do not delete photos, texts, or social-media posts about the crash or your activities after the crash.
- Be cautious with recorded statements. Ask for an attorney before giving a detailed recorded interview to an insurer.
- Act quickly. Preserve evidence and collect witness contact information while memories are fresh.
- Track future medical follow-ups. Some injuries show up or worsen weeks after a crash.
- If you handled vehicle repairs yourself, keep all receipts and before/after photos.
- Ask your doctor to document how injuries relate to the crash. Clear causation helps settlement and court claims.
- If the other driver denies responsibility, look for traffic camera footage, surveillance video, or phone records that could help establish fault.
- Understand Virginia’s contributory negligence rule: even a small percentage of fault by you can prevent recovery. Discuss this with an attorney early.
- Note deadlines: the two-year statute of limitations for personal injury is strict. Start the legal process well before that date if you need to preserve rights.
If you want help evaluating your claim or finding a Virginia attorney experienced in personal injury and motor vehicle crashes, consider contacting a local lawyer referral service or a personal injury attorney’s office for a consultation.