How long do you have to file an injury claim in Virginia?
In Virginia you generally have two years from the crash to file a personal injury lawsuit and five years for property damage. A wrongful death claim runs two years from the death. Claims against a city, county or the state need written notice much sooner.
Virginia claim deadline checker
This checker needs JavaScript. Every deadline it uses is listed in the rules table further down this page.
Enter the crash date and the type of claim. Each result names the Virginia statute behind it.
This tool gives an estimate. It is not legal advice, and it cannot see the details of your case. Use it to get your bearings, then confirm the dates with a lawyer.
What are the deadlines?
A statute of limitations is a law that sets the last day to file a lawsuit. The table below lists the Virginia rules this tool uses. It is plain text, so it is here even if the tool does not load.
| Claim type | Deadline | Counted from | Statute |
|---|---|---|---|
| Personal injury | two years | the date the claim accrues (usually the date of the crash) | § 8.01-243(A) (opens in a new tab) |
| Property damage | five years | the date the claim accrues (usually the date of the crash) | § 8.01-243(B) (opens in a new tab) |
| Wrongful death | two years | the date of death | § 8.01-244(B) (opens in a new tab) |
| Written notice of claim: county, city or town | six months | the date the claim accrues (the date of death for a wrongful death claim) | § 15.2-209 (opens in a new tab) |
| Written notice of claim: the Commonwealth of Virginia | one year | the date the claim accrues (the date of death for a wrongful death claim) | § 8.01-195.6 (opens in a new tab) |
Who receives the written notice:
- County, city or town: the locality's attorney, or its chief executive or mayor
- Commonwealth: the Director of the Division of Risk Management or the Attorney General; for the Department of Transportation, the Commissioner of Highways
Periods are calendar years and months added to the start date. The checker does not adjust for weekends or holidays.
In short:
- Personal injury: two years after the claim accrues, under § 8.01-243(A) (opens in a new tab). Accrues means the point when the claim begins, which is usually the day you were hurt.
- Property damage: five years, under § 8.01-243(B) (opens in a new tab).
- Wrongful death: the personal representative must bring the action within two years after the death, under § 8.01-244(B) (opens in a new tab). A personal representative is the person who handles the estate of someone who has died.
What is different about claims against a city, county or the state?
When a county, city or town may be at fault, you must file a written notice first. The notice is a short written statement that describes the claim and says when and where the injury happened. Under § 15.2-209 (opens in a new tab), it must be filed within six months after the claim accrues.
For a claim against the Commonwealth of Virginia, which includes state agencies, the written notice is due within one year after the claim accrues, under § 8.01-195.6 (opens in a new tab). The notice must name the time, the place and the agency you say is responsible.
Where the notice goes:
- County, city or town: the locality's attorney, or its chief executive or mayor.
- Commonwealth: the Director of the Division of Risk Management or the Attorney General. If the Department of Transportation is involved, the Commissioner of Highways.
A notice counts as filed when it is received. You can deliver it by hand, U.S. mail or commercial delivery. You carry the burden of proving it arrived, so keep a signed return receipt or other signed, dated acknowledgment.
A lawsuit against the Commonwealth has its own timing. Suit may go forward after the claim is denied or after six months without a settlement, and it is limited to within 18 months of the notice or two years after the claim accrued (§ 8.01-195.7 (opens in a new tab)). Courts read these rules strictly, so do not wait.
What can pause or change a deadline?
Under § 8.01-229 (opens in a new tab), the clock can pause in some situations:
- A person who is a minor when the claim begins may bring it within the normal period after the disability ends.
- Time while a person is incapacitated is not counted.
- If a guardian or conservator is appointed, the case can be brought before the period ends or within one year after that person qualifies, whichever is later.
The section starts by saying other sections may change the rule. For a notice of claim against a locality, a disability can also pause the clock. Because exceptions depend on facts, do not count on one without legal advice.
What happens if you miss it?
A court may refuse to hear a late claim, and the Commonwealth statutes use the words "forever barred" for missed notice. In plain terms, you could lose the right to ask for compensation, even if the other party was clearly at fault.
If you think a date is close or has passed, call a lawyer quickly. Some exceptions exist, and a lawyer can tell you whether one applies. For the usual stages between the crash and a settlement, read how long an injury claim takes. If someone died in the crash, see Virginia's wrongful death rules. While you wait, the first 72 hours checklist covers what to keep and write down.
How we calculate this
The tool reads the crash date you enter, adds the period from the matching statute, and shows the result. It uses the Code of Virginia sections linked above.
It cannot know:
- whether an exception applies to you
- whether you must give notice to a government body
- what your insurance policy says
- whether a rule has changed since the page was last reviewed
Treat every result as an estimate. Rules and amounts change. Confirm them with the agency or a lawyer.
Common questions
What is the statute of limitations for a car accident in Virginia?
A statute of limitations is a law that sets the last day to file a lawsuit. For personal injury from a car accident, Virginia's general limit is two years after the claim accrues, meaning after the injury happens. Property damage has a longer limit of five years. Confirm your own dates with a lawyer.
Does the deadline apply to insurance claims or lawsuits?
The dates on this page are lawsuit deadlines set by statute. Your insurance policy may set its own rules for reporting a loss or making a claim, and those can be different. Read your policy, tell your insurer about the crash promptly, and do not assume a lawsuit deadline is the only date that matters.
How long does a child have to file?
Virginia law pauses the clock for some people, including injured minors, until the disability is removed (a minor may sue within the normal period after turning 18). Rules for a child can differ and have exceptions. If a child was hurt, talk to a lawyer promptly rather than counting the dates yourself.
What is a notice of claim?
A notice of claim is a written statement you send to a government body before you can pursue it. It describes the claim and says when and where the injury happened. For a county, city or town, Virginia sets six months. For the Commonwealth, it sets one year.
Can the deadline be extended?
Sometimes. Virginia law lets the clock pause for a minor or a person who is incapacitated, and other sections may change a rule. Do not count on an extension. Treat the basic date as final until a lawyer tells you otherwise, because a missed deadline can end a claim.
Last reviewed · Reviewed by the roanokecrashhelp editorial team