On paper, Virginia drivers have never been better covered.
Since Jan. 1, 2025, every Virginia auto policy has had to carry at least $50,000 in bodily injury coverage per person, $100,000 per crash, and $25,000 for property damage. That’s up from $30,000, $60,000 and $20,000. Six months earlier, on July 1, 2024, the state also ended the $500 uninsured motor vehicle fee, which had let people register a car without buying insurance at all.
Massachusetts, a state known for strong consumer protections, only caught up partway. Its minimums rose on July 1, 2025, for the first time in more than 30 years. Bodily injury coverage went from 40,000 to 50,000, and property damage jumped from $5,000 to $30,000.
So Virginia comes out ahead, right? In one important way, no. Bigger policy limits don’t help much if the law lets the at-fault driver’s insurer avoid paying anything. In Virginia, one very old rule can do exactly that.
The 1% problem
Virginia is one of only a few places in the country that still follow pure contributory negligence. The others are Alabama, Maryland, North Carolina and Washington, D.C.
Under this rule, an injured person who’s found even slightly responsible for a crash generally can’t recover damages from the other driver. It doesn’t matter if the other driver was far more at fault.
Here’s a hypothetical. A driver is going through an intersection in Waynesboro a few miles over the speed limit. Another driver runs a red light and T-bones her car. She spends weeks in treatment. Under Virginia law, the other driver’s insurer can argue that her speed played a part in the crash. If a jury agrees, even at a small share of the blame, her claim against the red-light runner can be barred entirely.
That argument doesn’t need to win in court to matter. Both sides know a verdict could land at zero, and that risk can shape settlement talks from the first phone call.
There is one main exception, the “last clear chance” doctrine. It may allow recovery when the at-fault driver had a clear chance to avoid the crash after the injured person was already in danger. The exception is narrow, and whether it applies depends heavily on the facts.
How Massachusetts handles the same crash
Massachusetts replaced this rule long ago. There, a person’s own carelessness doesn’t block a claim as long as it isn’t greater than the other driver’s. Any damages are simply reduced by the injured person’s share of fault.
So in Massachusetts, the same driver found 10% at fault could still pursue a claim against the red-light runner. Her damages would be reduced by 10%. Recovery is barred only when her share of fault goes above 50%.
Attorneys at Jason Stone Injury Lawyers, a law firm based in Boston, point out that this is one of the biggest differences between the two states. In Massachusetts, a shared-fault argument generally affects how much an injured person can recover. In Virginia, the same argument can decide whether they recover anything at all.
Massachusetts also runs a no-fault system. Every policy includes $8,000 in personal injury protection (PIP) per person. It helps pay medical bills and lost wages no matter who caused the crash.
That gives people quick help, but there’s a trade-off. To sue the other driver for pain and suffering, an injured person generally needs more than $2,000 in reasonable medical expenses, or an injury such as a fracture, permanent and serious disfigurement, or loss of a body part.
Virginia doesn’t require PIP. Medical expense coverage is available, but drivers have to choose to buy it.
Side by side
| Virginia | Massachusetts | |
| Minimum bodily injury coverage | $50,000 / $100,000 | $25,000 / $50,000 |
| Minimum property damage coverage | $25,000 | $30,000 |
| Mandatory no-fault PIP | None | $8,000 per person |
| Fault rule | Pure contributory negligence | Modified comparative negligence (recovery allowed if not more than 50% at fault) |
| Deadline to file an injury lawsuit | 2 years (Va. Code § 8.01-243(A)) | 3 years (M.G.L. c. 260, § 2A) |
| Estimated uninsured drivers (2023) | 12.9% | 7.9% |
More insurance doesn’t fix the fault problem
To be fair, Richmond has done real work on the insurance side. Along with the higher minimums and the end of the uninsured fee, Virginia changed how underinsured motorist coverage works. For policies issued or renewed on or after July 1, 2023, that coverage adds on top of the at-fault driver’s liability limits instead of being reduced by them. Drivers can opt out, but the default now favors the injured person.
Those changes matter once fault is settled. They don’t touch the question that decides many claims in the first place: who was to blame, and by how much. Uninsured and underinsured motorist claims generally turn on that same question, because the injured person still has to show the other driver was legally responsible.
The uninsured driver numbers add another layer. The Insurance Research Council estimated that 12.9% of Virginia drivers were uninsured in 2023, compared with 7.9% in Massachusetts. Those figures come from before the fee repeal, so it’s too early to say how much the new rule has moved the number.
The stakes aren’t small. Virginia recorded 825 traffic deaths and 74,194 people injured in crashes in 2025, according to the Virginia DMV. Every one of those injury claims runs through the same fault rule.
So why hasn’t Richmond changed it?
Contributory negligence traces back to an 1809 English case, Butterfield v. Forrester. Most states have since dropped it in favor of some form of comparative fault. In Virginia, any change would have to come from the General Assembly, and lawmakers have not passed a comparative fault statute.
Supporters of the current rule have argued that it discourages lawsuits and keeps the focus on personal responsibility. Critics say the all-or-nothing result is out of step with how crashes actually happen, where blame is often shared.
Virginia’s neighbors show both paths. Maryland’s highest court declined to abolish the doctrine in 2013 (Coleman v. Soccer Association of Columbia), saying it was a job for the legislature. Washington, D.C., carved out an exception for pedestrians and cyclists in 2016.
Virginia lawmakers haven’t ignored road safety. A 2020 law made careless or distracted driving that seriously injures a pedestrian or cyclist a Class 1 misdemeanor, and SB 1416 strengthened those penalties in 2025. But those are criminal penalties. In civil court, the person who was hit still faces the same 1% rule.
What Virginia drivers can do now
The law may not change soon, but a few steps can help protect you under the current rules.
- Look at your policy at renewal. The state minimum is a floor. Uninsured and underinsured motorist coverage above the minimum can matter a lot when the other driver has little or no insurance.
- Think twice before opting out of add-on underinsured coverage. Ask your agent what you’d give up before signing anything.
- Consider medical expense coverage. Since Virginia has no mandatory PIP, this optional coverage can help with bills while fault is still being sorted out.
- Be careful what you say at the scene. In a state where a small share of blame can end a claim, even a polite “Sorry, I didn’t see you” can come back up later. Stick to the facts, take photos, and get witness names.
- Watch the clock. Virginia generally gives injured people two years to file a lawsuit.
- Know the rules change at the state line. In general, the law of the state where a crash happens decides fault questions. A crash in Massachusetts or another comparative fault state may be judged very differently from one on I-81.
The bottom line
Higher insurance minimums are good news for Virginia drivers. But until the fault rule changes, a crash victim here can carry a much stronger policy than a driver in Boston and still recover nothing from the person who hit them.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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