Car accidents in Virginia happen in a split second, but the aftermath can feel overwhelming. Medical bills start arriving, your vehicle may be damaged, and insurance companies begin asking questions. One of the most common concerns I hear from clients is this: If the accident wasn’t my fault, do I still need to call my own insurance company?
It’s an understandable question. Many people assume the at-fault driver’s insurance will take care of everything. In reality, reporting the accident to your own insurance company is one of the most important steps you can take to protect yourself, your coverage, and your claim.
Below, I answer the most common questions Virginians have about calling their insurance company after a not-at-fault car accident.
Key Takeaways About Reporting a Car Accident in Virginia
Virginia law requires prompt accident reporting in many situations
Notifying your own insurer protects your coverage and legal rights
Relying only on the at-fault driver’s insurance often causes delays
Your insurance may provide valuable coverage even when you didn’t cause the crash
A Virginia car accident lawyer can help when insurance companies create obstacles
Should I Report an Accident to My Insurance Company Even If I’m Not at Fault?
Yes. Even if another driver caused the accident, reporting it to your insurance company is essential.
Virginia Law Requires Timely Accident Reporting
Virginia drivers must report accidents involving injuries, death, or significant property damage. While police may respond to the scene, you still have an obligation under your insurance policy to notify your insurer. Delaying this step can jeopardize your coverage.
Your Insurance Policy Requires Notification
Most auto insurance contracts include language requiring policyholders to report any accident, regardless of fault. This allows your insurer to investigate, protect you if disputes arise, and apply coverage where appropriate.
Reporting Protects Your Coverage Rights
Prompt reporting preserves access to benefits such as uninsured or underinsured motorist coverage, medical payments (MedPay), and rental car reimbursement. Failing to notify your insurer could give them grounds to deny coverage later.
When Should I Notify My Insurer?
Ideally, within 24 hours of the accident. If you’re injured or hospitalized, a family member can make the call for you. Quick reporting shows good faith and helps prevent future disputes.
What Happens If I Only Contact the At-Fault Driver’s Insurance?
Relying solely on the other driver’s insurance company can put you at a disadvantage.
The Other Insurance Company Doesn’t Work for You
Their goal is to minimize payouts. Even friendly adjusters represent their company’s financial interests, not yours. They may downplay injuries, question fault, or pressure you into a quick settlement.
Delays and Denials Are Common
Claims can stall for weeks or months. Insurers may dispute liability, request repeated documentation, or deny parts of your claim altogether.
You Could Miss Important Deadlines
Virginia has strict deadlines for filing claims and lawsuits. Delays caused by the at-fault insurer can threaten your ability to recover compensation.
Your Own Insurance Can Step In
Your insurer may pay for repairs, medical bills, or other losses upfront and then seek reimbursement from the at-fault driver’s insurer. This often gets you help faster.
Will My Insurance Rates Go Up If I Report a Not-At-Fault Accident?
This is a common fear, but Virginia law provides important protections.
Virginia Insurance Rating Rules
Insurers cannot raise your premium solely because you reported an accident you didn’t cause. Rate increases must be based on legitimate risk factors.
No-Fault Accidents and Premiums
If fault is clearly on the other driver, your rates should not increase. However, multiple claims in a short period may still affect how insurers evaluate risk.
Accurate Reporting Matters
Reporting ensures fault is properly documented. Failing to report can lead to confusion or incorrect assumptions later.
What Information Should I Give My Insurance Company?
Stick to the basics and avoid speculation.
What to Share
Date, time, and location of the accident
Names of drivers and witnesses
Police report number, if available
What to Avoid
Guessing about fault
Estimating injuries or damages
Apologizing or making statements that sound like admissions
Document everything beforehand, including photos and notes, so you can provide clear, accurate information.
Can My Own Insurance Help If the Other Driver Is at Fault?
Yes. Your policy may offer valuable protections.
Uninsured Motorist Coverage: Required in Virginia and applies if the at-fault driver has no insurance
Underinsured Motorist Coverage: Helps when the other driver’s limits aren’t enough
MedPay Coverage: Pays medical bills regardless of fault
Collision Coverage: Covers vehicle repairs while fault is being resolved
What Are My Rights When Dealing With Insurance Companies in Virginia?
You have important legal protections.
The right to legal representation
Two years to file a personal injury lawsuit
Protection against bad-faith insurance practices
The right to pursue full and fair compensation
Common Mistakes to Avoid After a Not-At-Fault Accident
Waiting too long to report the accident
Accepting a quick, low settlement
Giving a recorded statement without legal advice
Signing a release before understanding the full extent of your injuries
How Allen & Allen Can Help
At Allen & Allen, we’ve helped Virginians navigate insurance claims for more than a century.
We handle all communications with insurance companies, investigate fault, document damages, and protect our clients from unfair tactics. Virginia’s insurance laws are complex, especially contributory negligence rules, and our attorneys know how to apply them to protect your case.
Frequently Asked Questions
Do I have to let the other driver’s insurance inspect my car?
No. You may choose your own repair shop and provide estimates instead.
Can I choose my own repair shop?
Yes. The choice is yours under Virginia law.
What if the at-fault driver doesn’t have insurance?
Your uninsured motorist coverage applies.
How long do I have to file a claim?
Generally, two years for personal injury and five years for property damage, but acting sooner is always better.
What if both insurance companies deny my claim?
You may need to file a lawsuit. A lawyer can help you evaluate and pursue your options.
