Detailed Answer
If another driver ran a stop sign and hit your car in Virginia, you have clear steps to protect your health, your legal rights, and your ability to recover compensation. This section explains what to do immediately, how liability is determined under Virginia law, how to pursue an insurance claim, and when to file a lawsuit.
1. At the crash scene: safety and evidence
- Call 911 for police and medical assistance. A police report documents the collision and is powerful evidence.
- If it’s safe, take photos and video of vehicle positions, damage, skid marks, traffic control (stop signs), road conditions, injuries, and nearby signs or signals.
- Exchange contact, driver’s license, license-plate, and insurance information with the other driver. Get names and phone numbers of witnesses.
2. Get medical care and document injuries
Seek immediate medical attention even if injuries feel minor. Some injuries worsen later. Keep all medical records, test results, prescriptions, and bills. These records form the basis for injury damages.
3. Notify your insurance company (and the other driver’s insurer)
Report the crash promptly to your insurer per your policy requirements. Give facts, but avoid speculating about fault or making recorded statements without legal counsel. The other driver’s insurer will likely contact you with a request for information.
4. How Virginia determines fault
Failing to stop at a stop sign is a traffic violation and strong evidence of negligence. Under Virginia law, the driver who breaches their duty of reasonable care (for example, by running a stop sign) is typically liable for resulting harm.
Important: Virginia applies the doctrine of contributory negligence. If a plaintiff (the injured person) is found even partly at fault, recovery can be barred completely. Because of this strict rule, gathering evidence that shows the other driver’s clear fault—and that you followed traffic laws—is critical.
5. Filing an insurance claim and pursuing settlement
- Submit documentation to the insurer: police report, photos, repair estimates, medical records, and wage-loss proof.
- Insurers often investigate and may make a settlement offer. Compare any offer to your documented damages before accepting.
- Don’t sign wide-release forms or accept a full-and-final payment without confirming the amount fairly covers medical costs, future care, lost wages, and pain and suffering. Consider consulting a Virginia personal injury attorney before accepting a final settlement.
6. When to file a lawsuit and applicable deadline
If the insurer refuses to pay fair compensation, you can file a civil lawsuit. Under Virginia law, most personal injury claims must be filed within two years of the date of injury. See Virginia Code § 8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/.
Missing this two-year deadline typically ends your right to sue, so act promptly. If liability or damages are complex, consult an attorney early to preserve evidence and meet procedural deadlines.
7. Types of recoverable damages
You may be able to recover economic damages (medical bills, vehicle repairs, lost wages) and non-economic damages (pain and suffering). Document all expenses, future medical needs, and how injuries affect daily life.
8. When to hire a Virginia personal injury attorney
Talk to an attorney if you have serious injuries, there is a dispute about fault, multiple liable parties, significant lost wages, or an insurer’s low settlement offer. Many personal injury attorneys offer a free consultation and work on contingency (they get paid only if you recover).
Because Virginia’s contributory negligence rule can completely bar recovery if you share any fault, a lawyer can help collect strong evidence that the other driver was solely responsible.
Helpful Hints
- Prioritize health: get medical care right away and follow treatment plans.
- Document everything: take photos, keep medical bills and receipts, and save text messages or emails about the crash.
- Obtain the police report: ask the responding agency or local police department how to get the official crash report.
- Preserve car evidence: keep repair estimates, invoices, and consider storing the damaged vehicle until inspected.
- Avoid statements of fault: tell insurers accurate facts but avoid saying you’re “sorry” or assuming blame.
- Track time off work: keep employer notes and wage statements to document lost earnings.
- Act quickly: the statute of limitations is short—Virginia Code § 8.01-243 requires most personal injury lawsuits to be filed within two years of the injury.
- Consider legal help early: an attorney can protect your rights, especially in Virginia where any shared fault can block recovery.
Disclaimer: This article provides general information about Virginia law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific crash or claim, consult a licensed Virginia attorney.