What to Do After a Car Accident in Virginia: A Personal Injury Lawyer's Real Advice

Last thing you expected today? Getting rear-ended on 495. Or T-boned at a Fairfax intersection. Or sliding on black ice on your way to work.

You're sitting there, heart pounding, maybe with a deployed airbag in your face, thinking: "What the hell do I do now?"

I've walked hundreds of Virginia families through this exact moment. After handling car accident cases across Northern Virginia, Richmond, and Hampton Roads for over a decade, I can tell you something that might surprise you:

The biggest mistakes that cost people tens of thousands of dollars rarely happen at the crash scene.

They happen in the 72 hours afterward, when you're doing your absolute best but don't know how Virginia's injury laws actually work.

Let me walk you through what actually matters.

First 30 Minutes: Your Immediate Car Accident Checklist

1. Safety First, Then Call 911

If anyone's hurt, the cars aren't movable, or you're on a busy road, call 911. Period.

Here's what people get wrong: they think minor accidents don't need police reports. In Virginia, that police report becomes critical if:

• The other driver later changes their story about what happened

• Your neck starts hurting two days later (super common)

• Their insurance company decides to play hardball about fault

Virginia law requires you to report crashes involving injury, death, or property damage over $1,500. And honestly? Modern cars hit that threshold fast.

2. Document Everything While You're Still There

Pull out your phone. Take way more photos than feels necessary.

Get pictures of:

• All vehicles from multiple angles

• License plates (both cars)

• Exact position of vehicles before they're moved

• Skid marks, debris, ice patches, potholes

• Traffic signs, signals, road conditions

• Any visible injuries or torn clothing

• The other driver's insurance card and license

Why the overkill? Because two weeks from now when the other driver tells their insurance company they had a green light and you ran a red, these photos become your truth.

I've seen cases hinge on a photo that showed sun glare. Or a stop sign obscured by tree branches. Or ice that melted by noon.

3. Exchange Info, But Keep Your Mouth Shut About Fault

Get their:

• Full name and phone number

• Insurance company and policy number

• License plate and vehicle info

• Driver's license number

What you should NOT do: Apologize. Explain what you think happened. Say anything that sounds like fault.

Not "I'm so sorry, I didn't see you." Not "I was probably going too fast." Not even "I'm not sure what happened."

This isn't about being rude. Virginia has what's called contributory negligence – if you're even 1% at fault, you can recover exactly zero dollars. Insurance companies will grab onto anything that sounds like admission.

You can be perfectly polite while saying: "I'm glad you're okay. Let's exchange information and let the insurance companies handle it."

4. Talk to Witnesses Before They Leave

If anyone saw what happened, get their contact info. Even if they're in a hurry.

Just ask: "Excuse me, did you see what happened? Would you mind giving me your name and number in case insurance needs to talk to someone?"

Most people will. And next week when the other driver claims you caused the crash, that witness becomes gold.

The First 24 Hours: Why "Feeling Fine" Is a Trap

Here's what happens after almost every car accident:

You feel... okay. Maybe a little shaken up, but nothing dramatic. You go home. You don't want to "make a big deal out of nothing."

You wake up the next morning and can barely turn your neck.

Or three days later, you've got a headache that won't quit.

Or a week later, your lower back is screaming every time you get out of bed.

This is not unusual. This is textbook whiplash, soft tissue injury, and your body's delayed response to trauma.

Get Checked Out, Even If You Feel Fine

Go to the ER if anything feels off immediately. Otherwise, see your doctor within 24-48 hours and tell them:

• You were in a car accident

• The date and details

• Every single thing that feels different, even if it seems minor

Why? Because insurance companies look for gaps in treatment. They'll argue: "If you were really hurt, why didn't you see a doctor for a week?"

The medical record that says "Patient reports neck stiffness day after motor vehicle accident" is worth its weight in gold.

Document Your Symptoms at Home

Start a simple note on your phone. Every day, jot down:

• Pain levels (neck, back, headaches)

• Activities you couldn't do (couldn't pick up your kid, missed the gym, couldn't sleep on your side)

• Work you missed

• Medications you took

This isn't exaggeration. This is creating a timeline that matches your medical records.

Dealing with Insurance Companies: The First 72 Hours

Call Your Own Insurance Company

You usually have to notify your insurer that an accident happened. That's different from giving them a recorded statement about fault.

Call them. Report that an accident occurred. Give them the basics: date, time, location, other driver's info.

What you don't need to do yet: Give a detailed recorded statement about how the crash happened, especially if you're still processing it or if the facts aren't totally clear.

You can say: "I'm still gathering information and will provide a full statement once I've had a chance to review everything."

When the Other Driver's Insurance Calls

They're going to be friendly. Really friendly. They might call within hours.

They're going to say they just want to "get your side of the story" and "help you get your car fixed quickly."

Here's what they actually want: a recorded statement they can use to deny your claim.

You are not legally required to give the other insurance company a statement immediately.

If they call, you can say: "I'm not giving a recorded statement right now. I'll be in touch through my attorney" or "I need to speak with my insurance company first."

They'll push back. "We just need a quick statement to process your claim."

Stand firm. The "quick statement" can cost you everything in Virginia because of contributory negligence.

The Quick Settlement Offer

Here's a common move: The at-fault driver's insurance offers to settle your property damage and "any injury claims" for $2,500, like, immediately.

Your car's totaled, you're stressed about getting to work, and $2,500 sounds reasonable for some soreness, right?

Do not sign anything that releases "all claims" within the first week.

You have no idea yet if you're injured. That headache might be a concussion. That neck stiffness might be a herniated disc. That settlement that sounded reasonable on Tuesday becomes a disaster when you're in physical therapy for three months.

What Actually Makes or Breaks a Car Accident Claim in Virginia

After handling hundreds of these cases, here's what I see determine outcomes:

1. Medical Treatment Consistency

The person who sees a doctor once, feels better, and stops going – even if pain comes back later – has a weak claim.

The person who follows their doctor's advice, goes to prescribed PT, and documents ongoing symptoms has a strong claim.

Insurance companies look for gaps. "You didn't see anyone for six weeks, so you must have been fine."

2. The Timeline Story Makes Sense

Good claim: "Accident Monday. ER Tuesday. Primary care Thursday. PT starts next week. Treatment continues for six weeks. Symptoms gradually improve."

Bad claim: "Accident Monday. No treatment for three weeks. Then suddenly urgent care visit. Then two months of nothing. Then chiropractor."

Even if both people had the same injury, the second person looks like they're chasing a payout.

3. Virginia's Contributory Negligence Law Doesn't Screw You

This is the big one people don't see coming.

In most states, if you're 20% at fault and the other driver is 80% at fault, you can still recover 80% of your damages.

Not in Virginia.

In Virginia, if a jury finds you even 1% responsible for the accident, you recover nothing. Zero. Nada.

This is why what you say in those first few hours matters so much. "I might have been speeding a little" can destroy an otherwise solid claim.

4. You Don't Have Coverage Surprises

Virginia requires minimum liability coverage of:

• $25,000 per person for bodily injury

• $50,000 per accident for bodily injury

• $20,000 for property damage

Those numbers are shockingly low. If the other driver has minimum coverage and your medical bills hit $40,000? You're facing a coverage problem.

This is where uninsured/underinsured motorist coverage becomes critical. If you have it on your own policy, it can cover the gap. If you don't, you might be paying out of pocket even though the crash wasn't your fault.

Common Mistakes I See Every Single Week

Mistake #1: Posting on Social Media

You're feeling better after a week. You post a photo of yourself at your kid's soccer game, smiling.

The insurance company's investigator screenshots it. Now they're arguing you can't be that injured if you're out coaching soccer.

General rule: Don't post anything about the accident, your injuries, or activities while your claim is pending. Even "Finally feeling better!" can be weaponized.

Mistake #2: Giving the Recorded Statement Too Early

I get it – you want to be helpful. You want to "just tell the truth and get it over with."

But three days after a crash, you might not remember details clearly. You might misstate something. And that recorded statement becomes evidence.

Insurance adjusters are trained to ask questions that sound innocent but create problems:

• "How fast were you going?" (If you guess high, you're speeding)

• "Did you see the other car before impact?" (If you say yes, why didn't you avoid it?)

• "Are you injured?" (If you say no, but injuries show up later, they'll use this)

Mistake #3: Accepting the First Settlement Offer

Insurance companies are businesses. They profit by paying less than claims are worth.

The first offer is often the lowest offer. They're betting you don't know what your claim is actually worth and you need money now.

I've seen cases where the first offer was $8,000 and the final settlement was $65,000. Same injury. Same facts. Different negotiation.

Mistake #4: Not Thinking About Future Medical Treatment

You settle your claim for $15,000. Six months later, your doctor says you need surgery related to the accident.

Once you settle, the claim is closed. You can't go back for more.

This is why settling before you understand the full extent of your injuries is dangerous.

When You Should Actually Talk to a Personal Injury Attorney

Look, not every fender bender needs a lawyer. If you had a minor accident, no injuries, and property damage is being handled fine, you're probably okay.

Consider calling an attorney if:

• You or anyone in your car was injured (even if it seems minor now)

• The other driver is claiming you caused the accident

• You were hit by a commercial vehicle or company driver

• The insurance company is offering a settlement quickly and you're not sure if it's fair

• You have significant medical bills or missed work

• The other driver was uninsured or underinsured

• A child was in either vehicle

• You're being pressured to give a recorded statement and you're not sure what to say

• You're getting the runaround from insurance companies

In Virginia specifically: Because of contributory negligence, even small accidents where fault is remotely disputed can benefit from legal guidance. Having an attorney early can prevent you from accidentally saying something that kills your entire claim.

What Does It Cost?

Most personal injury attorneys (including us) work on contingency fee basis. That means:

• No upfront costs

• No hourly bills

• We only get paid if we recover money for you

• Our fee comes as a percentage of the settlement or verdict (typically 33-40%)

If we don't win, you don't pay attorney fees. That's it.

A 30-minute call to understand your rights costs you nothing. Figuring out you accidentally destroyed your claim? That costs everything.

Virginia-Specific Things You Need to Know

The Statute of Limitations Is 2 Years

In Virginia, you have two years from the date of the accident to file a personal injury lawsuit. Miss that deadline and your claim is gone forever, no exceptions.

Two years sounds like a lot. It's not. Medical treatment can take months. Negotiations take time. If you wait until month 22 to call an attorney, you're in crisis mode.

Virginia Is Serious About Hit-and-Run

If the other driver fled the scene, file a police report immediately and check your own insurance policy for uninsured motorist coverage. You may still have a claim against your own insurance.

Winter Driving Accidents in Northern Virginia

Black ice accidents are common from November through March. Insurance companies love to blame "weather conditions" to reduce fault.

Document road conditions with photos and weather reports from that day. Virginia courts recognize that while ice is a factor, drivers still have a duty to drive safely for conditions.

What Good Documentation Actually Looks Like

People ask me this constantly: "What should I actually be keeping track of?"

Here's a real example from a case I handled:

Good documentation:

• Photos from the scene with timestamps

• Medical records starting the day after the accident

• A simple journal: "Day 3: Neck pain 7/10, couldn't work, took ibuprofen. Day 4: Saw Dr. Smith, referred to PT. Day 10: First PT session, still can't look over shoulder to change lanes."

• Receipts for out-of-pocket costs (meds, co-pays, parking at medical appointments)

• Emails to your boss explaining why you missed work

• A note from your spouse about activities you couldn't do (playing with kids, household chores)

Bad documentation:

• "I was hurt and it was bad"

• Random social media posts

• No medical treatment for weeks

• Generic complaints with no specifics

The difference? Good documentation tells a consistent story that matches the medical evidence. Bad documentation creates doubt.

Final Real Talk From Someone Who Does This Every Day

Most people I meet didn't do anything wrong.

They got hit by someone who ran a red light, or who was texting, or who just wasn't paying attention.

But then they accidentally hurt their own case by:

• Being too honest with the wrong insurance adjuster

• Not documenting injuries because they "didn't want to be dramatic"

• Accepting a settlement because they didn't know what their claim was worth

• Waiting too long to get help

The families who feel most screwed over aren't the ones who did something stupid. They're the ones who tried to do the right thing but didn't know the rules of a game they never wanted to play.

You don't need to know everything right now. You just need to know enough to protect yourself in the first few days.

And if something feels off – if the other driver's story doesn't match what happened, if their insurance is giving you the runaround, if you're hurt and worried about bills piling up – a 15-minute conversation with someone who handles this stuff every day might save you from making a mistake you can't undo.

Next Steps

If you've been in an accident in Virginia and want straight answers about what actually matters, what doesn't, and what your real options are, we're here.

📞 Call Valor Injury Law at (703) 828-0051

We'll walk you through:

• Whether you even need an attorney

• What your claim might actually be worth

• What mistakes to avoid in your specific situation

• What happens next, step by step

No pressure. No legal jargon. Just honest answers from someone who's seen how this plays out hundreds of times.

You didn't plan to be in an accident today. But now that you are, the next 72 hours matter more than you think.

Serving car accident victims throughout Northern Virginia, Richmond, Hampton Roads, and the DMV area. Valor Injury Law focuses exclusively on personal injury cases and has recovered millions for Virginia families injured in car accidents.