No, Virginia is not a no-fault state. Virginia is a tort state, which means the at-fault driver in an accident uses their liability insurance to pay for other people’s medical bills and repair expenses up to the limits of the policy. Drivers in Virginia do have the option to purchase personal injury protection (PIP) insurance to pay for their own injuries after an accident, but the state does not limit their ability to sue an at-fault driver for compensation. As a result, Virginia is a type of tort state that is often referred to as an “add-on” no-fault state.
In tort states like Virginia that give drivers the option to purchase PIP, you can get the quick payout of a no-fault state while still being able to sue the at-fault driver for your expenses, including pain and suffering. Without PIP, you’ll have to wait for fault to be determined before you can have your medical expenses covered by the at-fault driver’s insurance company.
How Fault Affects Lawsuits in Virginia
In Virginia, it’s possible for fault to be shared by drivers. Specifically, Virginia has contributory negligence laws. This means that if you contributed to causing the accident in any way, regardless of how much of the fault is yours, you cannot sue another driver who may also be at fault. Virginia has a statute of limitations of 2 years after a car accident. That means that you have 2 years from the time of the accident to sue the at-fault driver, or vice versa.
Virginia vs Other Tort/Fault States
|Tort or No-Fault
|Average Annual Car Insurance Premium
|Statute of Limitations
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