In Virginia, how long do I have to sue the other driver for my injuries or my car damage?

Car insuranceDeadlinesVirginiaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Virginia Code · Title 8.01, Chapter 4 · § 8.01-243(A) and (B) · § 8.01-243 A, B View original ↗

In short

Virginia's code sets 2 years for personal injury actions.
It sets 5 years for actions for injury to property.
The time starts when the cause of action accrues.

What this means

This answer uses Virginia Code section 8.01-243 only. Subsection A says every action for personal injuries must be brought within two years after the cause of action accrues, unless the section or another statute says otherwise. Subsection B says every action for injury to property must be brought within five years after the cause of action accrues.

The statute does not tell you when a cause of action accrues in your case, and it does not cover claims on your own policy. Other states use other limits.

Your next step

Write down the date of the accident today and count the limit from it. The statute gives the limits in the quote above; for your exact date, check the statute's text.

Check it yourself

Open § 8.01-243 and read subsections A and B.

Where this comes from (1)

[1] Virginia Code · Title 8.01, Chapter 4 · § 8.01-243(A) and (B) · § 8.01-243 A, B · checked 2026-11-06
A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues. … B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure s…

How we found this

We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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