What to know first. In the week after a Virginia Beach crash, get medical care, gather proof and be careful what you say, since contributory negligence makes small admissions costly.
At the scene
Section 46.2-894 requires someone driving a vehicle in a wreck involving injury, a death, or damage to attended property to stop as close to the scene as possible without blocking traffic, report a name, address, license number and registration number, and give reasonable help to anyone hurt, including a ride to a doctor or hospital when treatment is clearly needed or is requested. Phone 911 if anyone is hurt. If Virginia Beach Police or another agency responds, ask for the report or case number before you leave. Photograph the vehicles, the plates, the signal or stop sign, skid marks, debris and your injuries. Get names and numbers for witnesses. If a nearby store or a traffic camera may have footage, note the business name and the exact corner, because that footage is often overwritten within days.
Medical care
See a doctor soon, even if you feel fine. Adrenaline hides injuries, and a delay in care is one of the first things an insurer will mention. Tell the doctor about every part of your body that hurts, including soreness that seems minor on day one. Follow the treatment plan, keep the discharge papers, and start a simple notebook of symptoms, missed work and appointments. Those notes are for you. They help later when someone asks you to remember a Tuesday in the first week.
Insurance
Tell your own carrier about the wreck promptly, and ask whether your policy includes medical-payments benefits plus UM or UIM coverage. Those coverages, if you have them, can start paying medical bills or fill a gap if the other motorist carries thin coverage or none at all. You can read more in the guides on medical payments and liens and UM and UIM coverage.
The other driver’s insurer may call quickly. Be polite, confirm that a crash happened, and be careful about fault. Virginia’s contributory negligence rule means a casual “I’m sorry” or “I didn’t see them in time” can be used later to wipe out a claim. You are not obliged to sit for a long interview with the adverse insurer in the first days, and you should not guess at your speed or at what a traffic light was doing if you are not sure.
The crash report
Virginia Beach Police crash reports are requested through the Virginia DMV, not from a walk-up window at the precinct. The steps and the $8 fee are in the crash report guide. Order it once it is available, then read it. If a name, an insurance company or a vehicle description is wrong, ask the agency that worked the scene how a correction is handled. If no officer came, write down everything you have and still report the claim to your insurer.
Deadlines that start immediately
Most injury lawsuits in Virginia have a two-year deadline, described in the filing deadline guide. If a City of Virginia Beach or other locality vehicle, a city street defect or similar public-body issue is involved, written notice can come due after only six months. Claims against the Commonwealth or a transportation district, including many HRT crashes, have a one-year notice rule. Those shorter notice periods are explained in claims against the city and HRT. Put the dates on a calendar in the first week, even if you hope the claim will settle.
Work, cars and everyday follow-through
If you missed work, tell your employer what you can and keep a copy of any note from a doctor. If the car was towed, find out where it went and whether it will be stored at a daily rate. Photograph the damage before a shop starts repairs, including the interior if an airbag deployed or a seat broke. Your own insurer may want that documentation for a property-damage claim, and it can also help show the force of the impact.
If a child or a passenger was in the car, their medical care and their own potential claim should be handled with the same care as yours. Do not assume a parent’s conversation with an adjuster covers a child’s injuries. And if you borrowed the car, or were a passenger in someone else’s car, ask which policy applies before you assume you have no coverage.
Questions people ask
Should I talk to the other insurer? Be careful, and consider getting advice first. A short confirmation that the crash happened is different from a long discussion of fault.
Do I need the report right away? Order it from DMV once it’s available, and do not wait on the report to get medical care or to tell your own insurer.
What if I feel worse in a few days? Go back to a doctor and say so. New symptoms are common after a wreck, and they should be in your medical chart.
What should I avoid posting? Do not post photos, jokes or a play-by-play of the crash on social media. Insurers look, and Virginia’s fault rule makes casual comments expensive.
If you already have a lawyer, let that office handle calls from the other insurer. If you do not, you can still be brief and accurate, and you can ask to continue a conversation after you have the crash report in hand. Do not sign a broad medical authorization or a settlement release in the first week, when you may not yet know the extent of your injuries.
Keep reading with crash reports and contributory negligence.