Should you hire a car accident lawyer for your case?

Unless you like dealing with stubborn auto insurance companies on your own while you are trying to recuperate from your injuries, you should be calling a car accident attorney to help you. One of the few times you probably do not need a lawyer is little damage or injuries were experienced and the total value of expenses will be low. Still, you can always consult with an attorney to gain some confidence in your decision.

Does hiring a car accident lawyer cost a lot of money?

Not if you choose Huffman & Huffman Brothers-in-Law, P.L.L.C.! We offer contingency fee agreements for car accident cases. Under this type of payment agreement, our attorney fees are only paid if we win your case through a successful settlement or verdict. If we do win, then we are paid a percentage of the total award, which will have been agreed upon well in advance.

What sort of compensation could you get in your car accident claim?

There is no 100% accurate way to set your expectations regarding compensation obtained through a car accident claim. Various factors will change the value of your claim, and the biggest roadblock will likely be the other driver trying to blame you for the crash. Additionally, your maximum recovery will be limited by the caps on related insurance policies. If the other driver has no insurance, then your recovery could be dramatically stunted. Oppositely, if you were hit by a commercial vehicle, then you could have a chance at recovering the most compensation possible because trucking companies and the like usually purchase insurance policies with significant caps to protect their bottom line.

Can you get compensation if you partially caused your car accident?

Unfortunately, Virginia is one of a few states that used pure contributory negligence rules. If you are found even 1% liable for the crash, then you will be blocked from demanding compensation from the other drivers involved. For this reason, it is all the more important to work with a lawyer who can prove you were not liable at all.

What happens if I am found partially at fault for the crash?

United States to still follow the rule of contributory negligence, being found even 1% at fault for an accident bars you from filing a claim and recovering compensation for your damages. If the insurance company argues that you were partially at fault, it is important that you fight back. If the court agrees with the insurance company, you will not be able to obtain any compensation for your medical bills, lost wages, pain and suffering, or other accident-related losses.Our Virginia Beach car accident attorneys can fight for you if the insurance company is disputing your claim. Whether they have determined you were partially at fault for the accident or are questioning the validity, nature, or severity of your injuries, our attorneys know how to build evidence-based claims using the facts of the case. We are even ready to represent you at trial if necessary.

Can I still file a claim if the driver who hit me didn’t have car insurance?

If you are involved in an accident with someone who does not have car insurance, you may still be able to recover compensation through your own auto insurance provider. Virginia requires all drivers to carry uninsured motorist (UM) coverage, which specifically protects you in the event you are injured by an uninsured driver. UM limits for Virginia include $25,000/$50,000 in bodily injury coverage per person/accident and $20,000 in property damage per accident with a $200 deductible.Additionally, Virginia requires drivers to carry underinsured motorist (UIM) coverage, as well. This coverage kicks in when the person who caused the accident is insured but does not have enough insurance to cover the cost of your damages. This is often the case when an accident victim’s damages exceed the minimum liability coverage amounts of $25,000/$50,000 in bodily injury per person/accident and $20,000 in property damage.

Do I need to report the accident to my own insurance company?

If you are involved in a motor vehicle accident in Virginia that results in bodily injury, death, and/or property damage (including damage to a vehicle), you are required to report the incident to the police within 24 hours. You will also likely need to report the accident to your insurance company. Most insurance providers include information on when you must report accidents in their policies; it’s a good idea to check your insurance policy to determine how long you have to report the accident. In any case, it is always a good idea to notify your auto insurance company of an accident as soon as possible.

Car Accidents Attorneys

Q: How long do I have to file a car accident claim in Virginia?

As with other types of personal injury claims, you only have a certain amount of time to file your car accident claim. This is known as the statute of limitations and, in Virginia, it is typically two years from the date of the accident. For cases involving wrongful death, the clock starts on the date of death, not necessarily the date of the accident. Additionally, if you wish to bring a claim for property damage after a car accident in Virginia, you must do so within five years of the accident. If you fail to bring a claim within the specified time limit, you will almost assuredly be barred from seeking damages.

Q: How is pain and suffering calculated?“

Pain and suffering” are some of the trickiest things to calculate in a car accident case, as there is no set dollar value for these types of losses. In most cases, pain and suffering is calculated based on historical precedent, meaning the value of pain and suffering calculated in the past for similar accidents/injuries. Other factors are also heavily considered when calculating pain and suffering. These may include the recommendations of legal professionals, the nature and severity of the victim’s injuries, the impact of the victim’s injuries on their overall life and well-being, and more.In the simplest terms, the more serious your injuries, the more serious your pain and suffering are considered to be. For example, the court will likely rule that a person who suffers a broken arm and concussion but makes a full recovery in a matter of months has experienced significantly less pain and suffering than someone who sustains a severe spinal cord injury, resulting in permanent total paralysis.

Insurance companies frequently use Virginia’s contributory negligence rule as a weapon, and being found even 1% at fault for a car accident can bar you from recovering any compensation at all.

Liability in a car accident can extend beyond the other driver to include employers, vehicle manufacturers, and even government agencies, making a thorough investigation essential.

Compensation in a car accident claim can cover medical expenses, lost wages, property damage, emotional trauma, and pain and suffering, but insurers routinely undervalue these losses without legal pressure.

Virginia gives most accident victims two years to file a personal injury claim, and acting quickly helps preserve evidence and protect your rights before critical deadlines pass.

Car accidents in Virginia Beach happen every day, on busy resort-area roads, military base corridors, and interstate on-ramps where traffic backs up without warning. When one happens to you, the decisions you make in the days that follow can shape the outcome of any insurance claim or legal action you pursue. Virginia’s fault laws are strict, the insurance process is rarely straightforward, and the stakes, including medical bills, lost wages, and long-term recovery, are real.

At Huffman & Huffman, we represent people injured in car accidents throughout Virginia Beach and the surrounding Hampton Roads area. Our attorneys understand how local roads, local courts, and Virginia’s specific legal standards intersect, and we work to build claims that reflect the full scope of what our clients have been through. If you were hurt in a crash and you’re trying to figure out what comes next, we’re here to help.

Why Virginia Beach Roads Create Specific Accident Risks

Virginia Beach has one of the most varied road environments in the state. Millions of tourists cycle through the Resort Area each summer, military traffic flows steadily near Naval Air Station Oceana and Joint Expeditionary Base Little Creek, and year-round residents deal with corridors that weren’t always designed for the volume of vehicles now using them. That combination produces a distinctive accident landscape that any serious injury claim should account for.

High-Traffic Corridors and Known Hotspots

Interstate 264 is one of the busiest entry and exit points in the region, and rear-end collisions on this stretch are common, particularly near the Newtown Road and Birdneck Road interchanges, where lanes compress, and traffic slows abruptly. Shore Drive (US-60) runs along the bay from the Oceanfront toward Chesapeake, and its mix of cyclists, pedestrians, and high-speed vehicle traffic creates conditions that contribute to serious crashes year after year. Indian River Road and Laskin Road both carry heavy commuter loads and have seen repeated intersection accidents at points where signal timing and sight lines create problems for drivers unfamiliar with the area.

Military Traffic and Seasonal Volume Spikes

Virginia Beach’s large military population adds consistent, high-density traffic near Oceana and Little Creek, areas where younger drivers and shift-rotation schedules contribute to a different accident profile than what you’d see in a primarily suburban community. The summer tourist season brings a significant spike in unfamiliar drivers who don’t know local speed patterns, where to merge, or how beach parking traffic behaves near 17th and 21st Streets at the Oceanfront. That seasonal surge means crash frequency increases precisely when roads are already at capacity, and out-of-state drivers involved in those crashes sometimes bring insurance policies from states with different minimum coverage requirements than Virginia.

Resort Area Pedestrian and Cyclist Risks

The Virginia Beach Resort Area, centered around Atlantic Avenue and the Boardwalk, generates a high volume of foot traffic and bicycle activity that overlaps with vehicle lanes in ways that produce pedestrian and cyclist accidents each season. Crosswalk violations, failure-to-yield incidents, and distracted driving near the strip are common fact patterns in cases we handle. Injuries from these accidents tend to be more severe because pedestrians and cyclists have no structural protection when a vehicle makes contact.

Common Car Accident Injuries We Handle

Not every injury from a car accident shows up immediately. Some of the most significant conditions, such as herniated discs, soft tissue damage, and traumatic brain injuries, develop or worsen over days and weeks after the crash. Understanding what kinds of injuries tend to come from Virginia Beach accidents helps you recognize what to watch for and why prompt medical attention matters so much for both your health and your claim.

Head, Neck, and Spinal Injuries

Whiplash remains one of the most frequently reported injuries from rear-end collisions, and while insurance adjusters sometimes treat it as minor, the actual recovery process can involve months of physical therapy and significant pain that affects work and daily life. More serious cervical and lumbar spine injuries, including disc herniations and nerve compression, are common in higher-speed crashes on I-264 or on Shore Drive, where vehicles are traveling at highway speeds before impact. Our attorneys work with medical providers to document the full scope of spinal injuries and connect your treatment record to the mechanics of the collision itself.

Broken Bones and Soft Tissue Damage

Fractures to the wrist, collarbone, ribs, and pelvis are frequent outcomes in side-impact and rollover crashes, and they often require surgery, hardware installation, and extended rehabilitation that interrupts work and daily function. Soft tissue injuries to muscles, tendons, and ligaments don’t always appear on standard imaging but can cause lasting pain and limited range of motion that affects quality of life far beyond the initial incident. Thorough medical documentation from the outset of treatment is essential when these injuries are part of a Virginia Beach personal injury claim.

Traumatic Brain Injuries and Internal Trauma

Even crashes at moderate speeds can produce traumatic brain injuries (TBI) when the head strikes a window, steering wheel, or airbag, and mild TBI is often underdiagnosed in the immediate aftermath because symptoms like cognitive fog and mood changes may not be attributed to the accident right away. Internal injuries, including organ damage and internal bleeding, are among the most dangerous outcomes because they may not produce obvious external signs but can become life-threatening without timely diagnosis. If you lost consciousness at the scene, experienced confusion afterward, or were told to “watch for symptoms” at discharge, that medical guidance matters and should be part of your claim.

Nurse and a woman reviewing brain scans on a monitor beside a patient with a bandaged head and neck brace in a hospital bed

How Virginia’s Fault Laws Affect Your Claim

Virginia uses a legal standard called contributory negligence, and it is one of the most significant legal distinctions between Virginia and most other states in the country. Understanding how it works and how it applies to accident claims in Virginia Beach specifically is essential before you speak with an insurance adjuster or sign anything related to your claim.

Virginia’s Contributory Negligence Rule Explained

In most states, if you were partially at fault for a car accident, you can still recover compensation reduced by your percentage of responsibility. Virginia is one of only a handful of jurisdictions, along with Maryland and Washington, D.C., that still follow the traditional contributory negligence rule: if you are found even one percent at fault, you may be barred from recovering anything at all. This rule is codified under Virginia Code §8.01-58, and it remains in full effect for personal injury claims.

Insurance companies are fully aware of this standard, and adjusters sometimes use it to pressure claimants into accepting quick settlements before the full picture is established.

How This Differs from Neighboring States

North Carolina, which borders Virginia to the south and whose residents sometimes travel through or into Virginia Beach, also follows contributory negligence, but Maryland drivers involved in Virginia Beach crashes are subject to Virginia law regardless of where their vehicles are registered. States like Pennsylvania and Ohio, where many tourist visitors originate, follow comparative fault systems that allow partial recovery, so drivers from those states may not understand that their legal assumptions about how fault works simply don’t apply here. This matters practically when an out-of-state driver’s insurer initially responds to a Virginia claim using assumptions built around their home state’s rules.

Our Hampton Roads car accident attorneys understand how these interstate dynamics play out and how to respond to them.

The Insurance Landscape in Virginia Beach

Virginia requires minimum liability coverage under state law, but minimum coverage is often insufficient to fully compensate for serious injuries, especially in crashes involving tourists driving vehicles with out-of-state plates and potentially different policy limits. Uninsured and underinsured motorist coverage is an important layer of protection that Virginia drivers should carry, and it often becomes a key component of claims where the at-fault driver’s policy doesn’t cover the full cost of a car accident victim’s losses. Virginia Beach’s military community also introduces federal considerations in cases where active-duty service members are involved in car crashes in their personal vehicles, a situation that requires careful handling from the outset.

What to Do After a Car Accident in Virginia Beach

The steps you take in the immediate aftermath of a crash in Virginia Beach can significantly influence how your claim develops. Virginia’s contributory negligence rule means that any statement, action, or delay could later be used against you, so understanding the process from the start puts you in a stronger position. At the scene and immediately after:

Call 911 and wait for Virginia Beach Police Department officers to respond, because a formal police report is a foundational document in any injury claim, and Virginia Beach PD maintains crash records that can be requested later if needed.
Take photographs of vehicle positions, road conditions, traffic signals, and visible injuries before vehicles are moved if it is safe to do so, because physical evidence at the scene disappears quickly, and photographs often capture details that become disputed later.
Exchange insurance and driver’s license information with all involved parties, and avoid making any statement about fault or apologizing for anything, even casually, because those statements can surface in ways that affect your claim under Virginia’s contributory negligence standard.

Medical Evaluation and Documentation

Seek medical evaluation on the same day as the accident, even if you don’t believe your injuries are serious, because many conditions present with delayed symptoms, and a gap between the crash and your first medical visit can later be used to argue that your injuries were not caused by the accident.
Follow all treatment recommendations and keep your follow-up appointments, because gaps in treatment create the same evidentiary problems as delayed initial care.
Keep records of every medical expense, every prescription, every specialist referral, and every day of work missed, because those records form the foundation of the damages portion of your claim.

Contacting an Attorney Before Speaking With Insurers

The insurance company for the at-fault driver’s carrier may contact you quickly after a Virginia Beach accident, sometimes within hours, and their goal in that first conversation is typically to gather information that limits the insurer’s exposure. You are not required to give a recorded statement to the other driver’s insurer, and doing so before you have legal representation often works against your interests. Reaching out to an auto accident lawyer before you respond to any insurer contact gives you the clearest picture of your rights before you say anything that becomes part of the record.

Working with Our Virginia Beach Car Accident Attorneys

When you work with Huffman & Huffman after a Virginia Beach car accident, you’re working with experienced car accident attorneys who handle personal injury cases in this region and who understand how Virginia Beach courts, local insurers, and the specific fact patterns common to Hampton Roads crashes come together in a claim. Our process is straightforward: we listen to what happened, we investigate the facts, and we work to build the most accurate and complete picture of your losses.

How We Investigate and Build Your Claim

We gather police reports, request available traffic camera and dashcam footage, consult with medical professionals about the connection between the crash and your injuries, and identify all potentially liable parties, including cases where road design, a third-party employer, or a vehicle defect may share responsibility. Accident scenes in Virginia Beach change quickly, particularly in tourist-season crashes where road crews and business activity alter conditions fast, so early investigation matters. We also look at the insurance coverage available on all sides of a claim, including your own underinsured motorist policy, to make sure we account for every potential source of compensation.

Protecting Virginia Drivers on Hampton Roads

While our Virginia Beach practice is central to what we do, we also handle car accident cases in Newport News, VA, as well as Hampton, Norfolk, Chesapeake, and other Hampton Roads communities. If you’re looking for a car accident lawyer in Newport News who is familiar with how local courts and insurers operate in that jurisdiction, our team handles those cases as well. The legal standards are the same across Virginia, but the local knowledge required to handle a claim effectively differs from city to city.

Types of Cases We Handle in Virginia Beach

We represent clients injured in rear-end crashes, side-impact collisions, head-on accidents, multi-vehicle pileups, intersection crashes, and accidents involving commercial vehicles and rideshare drivers. We also handle cases involving drunk driving accidents, distracted driving, and road debris incidents that are more common on Virginia Beach’s resort corridors during peak season. Each case is different, and we approach each one based on the specific facts, the applicable Virginia law, and what our client has actually been through.

Frequently Asked Questions About Virginia Beach Car Accident Claims

Virginia’s accident laws differ from what most people expect, especially if they’ve dealt with claims in other states. Below are answers to some of the questions we hear most often from people who’ve been injured in Virginia Beach crashes.

How Long Do I Have to File a Car Accident Claim in Virginia?

Virginia’s statute of limitations for personal injury claims is two years from the date of the accident under Virginia Code § 8.01-243. If you miss that deadline, you generally lose the right to bring a claim regardless of how strong your case might be. Contacting a car accident attorney well before that deadline allows time for thorough investigation and claim preparation.

Does Virginia Have a No-Fault Insurance System for Auto Accidents?

Virginia is not a no-fault state, meaning injury claims go through the at-fault driver’s liability insurance rather than your own personal injury protection policy. This means establishing who caused the accident matters significantly from the very beginning of a claim. Virginia’s contributory negligence rule makes that determination even more consequential than in most other states.

What if the Other Driver Was Uninsured?

If the at-fault driver had no insurance, your own uninsured motorist (UM) coverage becomes the primary avenue for compensation if you carry it. Virginia law requires insurers to offer uninsured motorist coverage, though drivers can waive it in writing, so your own policy terms matter here. An attorney can review your policy and help identify all available sources of compensation.

How Is Pain and Suffering Calculated in Virginia Car Accident Lawsuits?

Virginia does not cap pain and suffering damages in most personal injury cases, meaning there is no statutory maximum for non-economic losses in a standard car accident claim. Insurers and courts look at the severity and duration of your injuries, their effect on your daily life, and your medical documentation when evaluating these damages. Strong medical records and consistent treatment history tend to support a more complete accounting of non-economic losses.

Can I Still Recover Maximum Compensation if I Was Partly at Fault?

Under Virginia’s contributory negligence rule, being found even partially at fault can bar your recovery entirely. This is one of the most important reasons to avoid making statements at the scene or to insurers before understanding how fault may be assigned in your specific case. An attorney can assess the facts and advise you on how contributory negligence might apply to your situation.

What if a Tourist or Out-of-State Driver Caused My Newport News Car Accident?

Virginia law applies to crashes that occur within Virginia, regardless of where the other driver is from or where their vehicle is registered. The at-fault driver’s insurance policy, wherever it was issued, is subject to Virginia’s legal standards in a Virginia court. Out-of-state policy limits and coverage terms can complicate the claim, which is one reason early legal involvement is helpful.

Do I Need an Auto Accident Attorney if the Insurance Company Already Offered a Settlement?

An early settlement offer from an insurance company is typically a starting point, not a final or complete valuation of your claim. Accepting a settlement before the full scope of your injuries and losses is known can leave you without recourse for future medical costs or ongoing limitations. Having an attorney review any offer before you accept it costs you nothing and ensures the offer actually reflects your situation.

How Are Wrongful Death Claims Handled After a Fatal Virginia Beach Crash?

Virginia’s wrongful death statute allows certain family members to pursue fair compensation when a loved one is killed in a car accident caused by another party’s negligence. The statute of limitations for wrongful death is also two years, and the process involves identifying eligible survivors and calculating both economic and non-economic losses. These cases require careful legal handling from the beginning, and our attorneys work with families throughout this process with care.

Contact the Law Firm of Huffman & Huffman for Help with Your Virginia Beach Car Accident Case

If you or a family member was injured in a car accident in Virginia Beach, Huffman & Huffman is ready to help you understand your options. Our attorneys handle car accident cases across Virginia Beach and Hampton Roads, and we offer consultations to people who want honest answers about their situation before deciding how to proceed. Reach out to our team today to discuss what happened and what steps make sense for your case.