When Do Car Accidents Fall Off Insurance in Virginia?

A serious car accident can be life-changing, but even a minor one can linger, both on your insurance premium and, if you were hurt, on your ability to recover for your injuries. In Virginia, both come down to a single question: were you at fault? Below, we explain how long an accident can affect your insurance, your driving record, and why fault matters well beyond your premium.

How Long Does a Car Accident Affect Your Insurance in Virginia?

The short answer: up to three years, and only if you were at fault.

Under Virginia Code § 38.2-1905, an auto insurance company cannot raise your premium because of an accident unless you, or a household member or other customary operator of your vehicle, caused it wholly or partially. If you were at fault, wholly or partially, your insurer may apply a rate increase for up to 36 months, after which your rate should return to normal.

How much an at-fault accident affects your insurance rate depends on more than the crash itself. Insurers also weigh the number and size of the claims they pay and the severity of what happened. A minor accident usually means a smaller increase, while a serious at-fault crash, especially one involving injuries or a DUI, can trigger a much larger surcharge or, in the worst cases, non-renewal of your policy.

How Long Does an Accident Stay On Your Record?

“Your record” can mean two different things, and they don’t work the same way. Your insurance record is what your insurer uses to price your policy. This is the one that costs you money. On the other hand, your DMV driving record is the state’s separate history of your driving. The accident report itself stays here for at least 36 months. If you were ticketed or convicted of a traffic offense connected to the crash, though, that conviction stays on your record much longer: generally three to eleven years depending on how serious it was, with the most serious offenses like reckless driving or DUI remaining for eleven years.

Practically speaking, however, it’s the 36-month insurance window that matters for your insurance costs. Once it passes, an at-fault accident should no longer raise your premium, even if a record of it still exists with the DMV.

Can You Reduce Your Rates After a Motor Vehicle Accident?

You generally cannot erase an accurate at-fault accident, but you may be able to prevent an improper increase or reduce what you pay while the accident remains within the 36-month rating period.

Possible options include:

• Review the reason for the increase. Your insurance provider must investigate and determine that you were wholly or partially at fault before increasing your premium or assigning insurance points because of an accident.
• Appeal an unjustified increase. The insurer must notify you in writing of an accident-related increase and explain your right to appeal. You have 60 days after receiving that notice to request review by the Virginia Commissioner of Insurance. If the increase was unjustified, the insurer may be required to refund the additional premium you paid.
• Check whether accident forgiveness applies. Some policies prevent a first qualifying at-fault accident from increasing the premium. Accident forgiveness usually must already be part of the policy before the crash and does not remove the accident from your history.
• Ask about a defensive driving course. Some insurers offer discounts to drivers who voluntarily complete an approved course. Virginia law requires a premium reduction for qualifying drivers age 55 or older who complete a DMV-approved accident-prevention course.
• Compare policies from several insurers. Companies use different rating plans, and another insurer may offer a lower price. Compare the same coverage limits and deductibles so that a cheaper quote does not leave you with substantially less protection.
• Recheck your premium after 36 months. Once the rating period ends, the insurer can no longer use the accident or related conviction to apply a surcharge, assign points, or keep you in a less favorable pricing tier. Your total premium may not return to its previous amount, however, because vehicles, coverage selections, companywide rates, and other factors can also affect the price.

Why Fault Matters Even More If You Were Injured

When you are injured and pursue compensation from another driver’s liability insurer, that company may try to argue that you caused or contributed to the crash. In Virginia, even a small amount of fault can prevent an injured person from recovering compensation under the state’s contributory negligence rule.

A disputed fault determination can therefore create two separate problems. Your own insurer may treat you as partially at fault when rating your policy, while the other driver’s insurer may use the same allegation to deny payment for your medical expenses, lost income, pain, and other losses.

The consequences of an incorrect fault determination can extend far beyond a temporary premium increase. You could lose the right to recover anything for injuries that affect your health, work, and daily life.

A Virginia car accident lawyer can investigate how the crash occurred, preserve camera footage and electronic evidence, speak with witnesses, examine the vehicle damage, and challenge unsupported attempts to shift blame. That evidence may be critical to protecting both your insurance interests and your right to compensation.

If You Were Injured in a Virginia Car Accident, Call Huffman & Huffman

Dealing with insurers after a crash is stressful enough without worrying about rising premiums or being blamed for something that wasn’t your fault. In Virginia, where even a small share of fault can end your right to compensation, sound legal guidance matters.

If you were injured in a crash you didn’t cause, you have the right to pursue a personal injury claim. At Huffman & Huffman Brothers-in-Law, our car accident lawyers have helped injured victims protect their rights and pursue the compensation they deserve for more than 50 years. If you’ve been in an accident, contact us today for a free consultation.