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Is Virginia a No-Fault Insurance State?

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The Commonwealth of Virginia is an “at-fault” insurance state. Unlike in states that follow “no-fault” insurance rules– a party who is injured in an automobile accident does not pursue compensation from their own insurance company. They seek indemnification from the at-fault drive or that driver’s insurance.   

Understanding Virginia’s fault-based insurance law is the key to recovering the largest available damages award. For more than 50 years, the personal injury lawyers at Rutter Mills have helped Virginia crash victims to recoup the compensation that they deserve.

Who does an injured car accident victim sue to recover damages?

Under Virginia law, a person who has suffered property losses or injuries in an automobile accident has three options to recover damages:

  1. Filing a car crash negligence lawsuit against the at-fault driver.
  2. Filing a third-party claim against the at-fault driver’s insurance company.
  3. To the extent the injured party has direct coverage, filing a claim directly with their auto insurance carrier.

A knowledgeable and experienced personal injury attorney can help an accident victim with these options so that they recover the most significant available damages award– from all possible sources of recovery.

How can a Virginia car accident victim recover damages if the at-fault driver is not insured?

By some estimates, more than 10% of the drivers on Virginia’s roads and highways are either uninsured or underinsured. You will likely have poor prospects of recovering damages from them. If you carry Personal Injury Protection (PIP) insurance, that coverage will indemnify you up to the limits of your policy.

If your damages exceed your policy limits, a personal injury attorney can help you to determine if any other parties share fault for the accident, including, for example, a county or state highway authority that contributed to the accident by failing to maintain roadways.   

Contact our Rutter Mills Car Accident Lawyers for a free consultation

Your opportunity to receive damages for your losses and injuries is a function of understanding the state’s “at fault” insurance laws– and the coverage that those laws require. Our lawyers at Rutter Mills have more than 50 years of experience with those laws.

Please see our website or call our Norfolk offices as soon as is possible after you have suffered injuries in a car crash in Virginia Beach, Newport News, Portsmouth, or anywhere else in Virginia. Our lawyers will investigate all sources of damages recovery in your case and will fight to get you the compensation you deserve.

Additional Resources:

  1. www.virginia.gov: Insurance Requirements. https://www.dmv.virginia.gov/vehicles/#insurance.asp
  • www.einsurance.com: Virginia Auto Insurance Guide. https://www.einsurance.com/insurance-guide/virginia/auto-insurance/
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“Nothing makes you feel more vulnerable than being hurt or ill. And nobody likes to ask for help. But when you need it most, we’re at our best. We give our clients the confidence and support they need to know they’ll be taken care of – that they’ll get the best outcome possible, even in the face of a very bad situation.”

– Brother Rutter

What Our Clients Say

"The staff at Rutter Mills worked for me from the first minute I was in their office. They called and emailed every week and kept better records than I did. I was injured and had to undergo two operations from the accident. The recovery period was long with many physical therapy sessions over the next year. The staff emailed me many times, asking if there was anything they could do to make me feel better during my recovery. During this time my attorney was active in filing the paperwork for court litigation, but was contacted by the other law firm that wished to discuss settling my case. Depositions were done and the final one was scheduled and I was present to complete that phase of the case. My attorney got a maximum award for me and I will be forever grateful for his and their staff's work and attention during my time of legal need. Rutter Mills will be my only call if I ever need legal representation in the future." ★★★★★ -Dan, Rutter Mills Client