A crash happens in seconds — but what you do in the minutes that follow can shape your entire claim. Here’s the playbook our auto accident attorneys give family and friends.
1. Check for injuries and call 911
Check yourself and your passengers first, then call 911 even for a minor collision. A police report from the scene often becomes critical evidence later.
2. Document everything
Photograph vehicle positions, damage, road conditions, signals, skid marks, and any visible injuries. Major Virginia Beach intersections — including along Shore Drive and Laskin Road — have traffic cameras; note nearby camera locations so footage can be requested before it’s gone.
3. Exchange information — carefully
Get the other driver’s name, license, insurance, and plate, plus witness contacts. And watch your words: Virginia’s pure contributory negligence rule means being found even 1% at fault can bar your recovery entirely. Even a polite “I’m sorry” can be used against you.
4. Notify your insurer — then pause
Report the crash promptly, but sign nothing and accept no offer without legal guidance. Whiplash and soft-tissue injuries often surface days later.
5. See a doctor the same day
A same-day medical record ties your injuries directly to the crash. Delays give insurers room to argue your injuries came from somewhere else.
6. Call an attorney before you negotiate
An attorney can take over insurer communications, preserve evidence before it disappears, and protect your claim under Virginia’s strict fault rules. If the crash happened on the job, you may also have a workers’ compensation claim alongside the injury case.
Quick answers
How long do I have to file?
Generally two years from the accident date. Miss it and your right to recover is likely gone for good.
What if I was partly at fault?
Virginia’s contributory negligence law can bar recovery over even slight fault — which is exactly why disputed-fault claims need an attorney reviewing the evidence.