How Long After a Car Accident Can You Sue in VA?
If you have been in a car accident in Virginia, the immediate aftermath can be a stressful time that includes healing from physical injuries and car repairs. Once the dust settles, you may be wondering what your options are and how long you may have to file a claim against the other driver. Here’s everything you need to know about how long you have, what exceptions may apply, and why it is important to act quickly.
Virginia’s Statute of Limitations
In Virginia, the statute of limitations depends on the type of claim you wish to file. If you are interested in a personal injury claim—which provides compensation for medical bills, lost wages, and other damages related to injury—you have two years from the date of the accident to file suit.
However, if you are interested in filing a claim solely for vehicle or property damage, Virginia law gives you five years to initiate a lawsuit. This longer period can benefit you if you are dealing with lengthy car repairs or total loss claims. If the accident involves both personal injury and property damage claims, it is best to stick with the two-year limit to make sure you do not lose your right to file.
Exceptions That May Extend the Deadline
In some situations, the statute of limitations may be extended, allowing you more time to file a claim. The most commonly used exceptions are:
Minor Victims
If someone under the age of 18 suffers injuries in a car accident, they will have until two years after their 18th birthday to file a claim. This provides young victims and their families time to assess any long-term impacts from the crash.
Hit-and-Run Accidents
If your collision was caused by a driver who fled the scene, there might be some delay in identifying that driver. Virginia may give you extra time to locate the driver so that you can file a claim against them.
Mental Incapacity
If the wreck left you injured in a way that prevents you from understanding the legal process, the court may grant an extension if you can prove your condition with appropriate medical documentation.
Act Quickly and Contact an Attorney
If you have been in a car accident in VA, contact an attorney at Price Benowitz for a free case evaluation. Our experienced injury attorneys can help determine which type of claim will be most beneficial to you, the date by which you must file your claim, and help you build a strong case to maximize your compensation.
