Most people injured in a car accident worry about the wrong deadline.
They worry about the insurance adjuster’s deadline.
The “final offer.”
They worry about the warning that their window to settle is “closing.”
But none of those deadlines are real, and none of them determines whether you still have the legal right to pursue your case.
There is a deadline that matters. Almost no one focuses on it. And missing it means your entire case can disappear, even if the other driver was clearly at fault.
I’m Brandon Osterbind, a personal injury lawyer here in Virginia. Let’s talk about the only deadline that actually controls your case, why insurance companies work so hard to distract you from it, and what Virginia law really says. (Click HERE to watch the YouTube video for this blog)
Why Insurance Companies Push Fake Deadlines
Shortly after a crash, insurance companies almost always try to control the timeline.
You’ll hear things like:
- “You need to submit these documents within 10 days.”
- “This offer expires at the end of the month.”
- “If you don’t settle by Friday, we may not be able to help you.”
These deadlines feel official. They sound urgent. They’re often framed as if they’re tied to the law.
THEY. ARE. NOT.
These timelines are internal insurance deadlines, created to rush you into settling before:
- Your injuries fully develop
- You complete treatment
- You understand the long-term impact on your health
- The true value of your claim becomes clear
Insurance companies want you focused on their clock — not the one set by Virginia law.
The Only Deadline That Truly Matters: Virginia’s Statute of Limitations
Virginia law gives injured people far more time than insurance companies want them to realize, but not unlimited time.
Virginia Code § 8.01-243(A)
This statute governs personal injury cases in Virginia. It provides that an action for personal injuries must be filed within two years from the date the cause of action accrues, which in most car accident cases means two years from the date of the crash.
That’s the real deadline.
Not 10 days, a month, or whatever deadline the adjuster invents on the phone.
What Happens If You Miss This Deadline
This is where the statute becomes unforgiving.
Once the two-year statute of limitations expires:
- The court loses authority to hear your case
- The insurance company gains an absolute defense
- Your claim is dismissed, regardless of fault
You cannot reopen the case later and say:
- “My injuries got worse.”
- “I just found out I need surgery.”
- “I wasn’t ready before.”
Virginia courts strictly enforce § 8.01-243. If the deadline passes, your case is over.
This is why insurance companies quietly hope you will wait too long — or settle too early.
Why Early Settlements Are So Dangerous
Many injuries don’t reveal their full severity right away.
We regularly see cases where:
- Pain appears days or weeks after the crash
- An initial “strain” turns into a disc herniation on MRI
- Concussion symptoms develop later
- Nerve damage becomes clear only after treatment
If someone settles within the adjuster’s fake deadline, they sign a release that permanently gives up the right to recover for all future consequences, even ones no one could have predicted at the time.
But because the real deadline under Virginia law is measured in years, not days, injured people are allowed time to:
- Finish medical treatment
- Consult specialists
- Obtain imaging
- Understand long-term limitations
- Build a complete, accurate claim
Insurance companies know this — and that’s exactly why they push urgency early.
Three Things You Should Focus on After a Virginia Car Accident
1. Ignore Adjuster-Created Deadlines
These deadlines are not set by statute.
They are not legally binding.
They exist to pressure you into a quick settlement.
Don’t feel bad to be blunt. Trust me, they do not have YOUR best interest in mind.
2. Track the Real Deadline Carefully
Virginia Code § 8.01-243 does not pause just because negotiations are ongoing.
If you let the two-year window expire:
- There is no extension
- There is no second chance
- The claim is permanently barred
Negotiations do not stop the clock.
3. Talk to a Lawyer Early — Even If You’re Not Ready to File
Early legal guidance doesn’t mean rushing into a lawsuit.
It means:
- Understanding how much time you actually have
- Preserving evidence while it’s still available
- Avoiding mistakes that insurance companies exploit
- Making sure your case is positioned correctly before the deadline approaches
Control comes from knowledge, not reacting to pressure.
Important Exception: Claims Against Government Entities
There are some situations where the timeline is much shorter.
If your case involves a government entity, Virginia law may require you to give formal notice of your claim within a limited time frame, sometimes as short as six months. Let me say that again. You only have 6 MONTHS to file.
Missing those notice deadlines can be just as fatal as missing the statute of limitations.
This is another reason not to rely on what an insurance adjuster tells you about timing.
Final Thoughts: The Clock You Should Be Watching
Insurance companies want you focused on the wrong deadline.
They hope you’ll either:
- Settle before your injuries are fully understood, or
- Wait until it’s too late to file
Both outcomes benefit them.
The only deadline that truly controls your Virginia car accident case is the one set by Virginia Code § 8.01-243. Everything else is noise.
If you’re being told that “time is running out,” or you’re feeling pressure to settle quickly, get clarity. We’ll tell you what the law actually says and help you make decisions based on facts, not fear.
