What to do after a car accident in Virginia

The first hour after a crash sets the direction for everything that follows, your health, your claim, and whether an insurance company can later argue the accident wasn't as serious as you say. Here is the order I tell every client to follow.

1. Get medical attention, even if you feel okay

Adrenaline masks pain. Soft-tissue injuries, concussions, and disc damage often don't show symptoms for hours or days. Get checked at the scene by EMS, or see a doctor or urgent care within 24 to 48 hours regardless of how you feel. This protects two things at once: your health, and your claim. Insurance companies routinely argue that a gap between the crash and your first medical visit means you weren't really hurt.

2. Call the police and document the scene

In Virginia, you're required to report a crash involving injury, death, or significant property damage. A police report creates an official record of what happened, and it's difficult for an insurer to dispute later.

While you're at the scene and it's safe to do so, take photos: vehicle damage from multiple angles, the road and any skid marks, traffic signals or signs, and your visible injuries. Get names and phone numbers for any witnesses. Surveillance footage from nearby businesses is often overwritten within days, so if there's a camera in view, note it, an attorney can request that footage before it's gone.

3. Be careful what you say, and to whom

Exchange insurance and contact information with the other driver, but keep the conversation to that. Don't say "I'm sorry" or speculate about fault, even out of politeness. Virginia follows a pure contributory negligence rule, which means if the other side can later point to something you said as evidence you were even slightly at fault, it can be used to deny your entire claim, not just reduce it.

The same caution applies to the other driver's insurance adjuster. You'll likely get a call within a day or two asking for a recorded statement. You're not required to give one, and you shouldn't before talking to an attorney. Adjusters are trained to ask questions that create room to minimize or deny your claim.

4. Notify your own insurance company

Most policies require you to report an accident within a set window, and failing to do so can jeopardize your own coverage. A brief factual report is fine: when and where it happened, and that you were seen for injuries. You don't need to provide a detailed recorded statement to your own insurer either without guidance.

5. Talk to an attorney before you accept anything

If you were injured, the insurance company's first offer is almost never what your case is actually worth. A free consultation costs you nothing and gives you a clear picture of what to expect. The sooner an attorney is involved, the more evidence is still available to protect your case.