Virginia Failure to Yield Causing an Accident: Fines, Points & What to Do Next

You edged out at an intersection, misjudged how fast the other car was coming, and the two of you collided. By the time the officer arrives, there's no question who had the right-of-way — and you're handed a ticket for failure to yield under Va. Code § 46.2-820. Now you're facing demerit points and an at-fault crash at the same time. This post explains the law, the fine and points, the double hit to your insurance, and how a driver improvement course helps you recover.

What Is Failure to Yield in Virginia?

Virginia's right-of-way rules live in Va. Code §§ 46.2-820 through 46.2-823. The core rule, § 46.2-820, covers uncontrolled intersections: when two vehicles arrive at about the same time and there's no light or sign, the driver on the left must yield to the driver on the right. Related sections require you to yield when entering a highway from a smaller road, when facing a yield sign, and — under Va. Code § 46.2-825 — when turning left across oncoming traffic.

When a crash follows, the accident itself often becomes the evidence. An officer who didn't witness the collision can still cite failure to yield based on the vehicles' positions, the damage, and driver statements. In other words, being at fault in an intersection crash and getting a failure-to-yield ticket usually go hand in hand. The most common failure-to-yield crashes involve pulling out from a stop sign or driveway into cross-traffic (Va. Code §§ 46.2-821, 46.2-826), turning left across an oncoming lane (§ 46.2-825), and merging onto a highway without yielding — in each, the driver entering or crossing traffic carries the duty to wait for a safe gap. For the underlying rules, see our overviews of Virginia right-of-way laws and who goes first at a 4-way stop. For the full charge breakdown, our failure to yield right-of-way guide goes deeper on defenses.

Fines and DMV Demerit Points

Failure to yield is a traffic infraction that the Virginia DMV scores at 4 demerit points, with the conviction staying on your record for 3 years. The fine is set by the court — commonly up to $250 — plus court costs that often run another $60 to $90. When an accident is involved, many Virginia courts require you to appear rather than prepay, because there's a crash on the record.

Be aware of the escalation risk: if the failure to yield caused serious injury or showed a reckless disregard for safety, the charge can be elevated to reckless driving — a 6-point criminal misdemeanor. Four points alone already moves you toward the DMV's action thresholds, where advisory letters and mandatory clinics begin.

For perspective, the DMV begins acting at 8 demerit points in 12 months (an advisory letter), 12 points (a mandatory clinic and six-month probation), and 18 points (a 90-day suspension). Four points from a single failure-to-yield conviction is a meaningful step toward those thresholds — especially if the crash also produced a companion ticket such as following too closely or distracted driving.

How It Affects Your Car Insurance

This is where a failure-to-yield-with-accident ticket really hurts, because you take two hits at once. First, the traffic conviction goes on your record. Second, the collision is logged as an at-fault accident. Insurers surcharge both, and the combination can raise your premium sharply at renewal and keep it elevated for three years or more.

It's worth understanding the distinction: the DMV demerit points come from the conviction, not the crash itself — as we explain in does an at-fault accident add points in Virginia. But your insurance company assigns its own separate points for the at-fault crash regardless. For the full picture, read how Virginia traffic tickets affect insurance rates.

There's a further reason the fault finding matters in Virginia. The state follows strict contributory negligence, one of only a handful that still do. In a civil claim, a driver found even slightly at fault generally cannot recover damages from the other driver. So being tagged as the one who failed to yield can affect not only your DMV record and premium, but also who ultimately pays for the vehicle damage and any injuries. Documenting the scene thoroughly — photos of both vehicles, the intersection, signs, signals, and skid marks — protects you on every front.

What to Do After a Failure-to-Yield Accident Ticket

1. Weigh contesting the charge. Right-of-way is frequently disputed. Who entered the intersection first? Was the other driver speeding, running a light, or turning illegally? Dashcam video, skid marks, vehicle damage, and independent witnesses can shift fault — and reduce or dismiss the ticket. Because an accident is involved, many drivers consult a traffic attorney.

2. Or pay the fine. Paying accepts guilt and the 4 points. If you take this path, act quickly to protect your point balance rather than letting the conviction sit.

3. Take a driver improvement course. A voluntary 8-hour course adds +5 safe driving points, which more than offsets this ticket's 4 points and shows the DMV — and your insurer — that you're addressing the problem. You can earn the credit once every 24 months. Enroll online today.

4. Monitor your driving record and insurance. Confirm the conviction posted correctly, watch your point balance, and ask your carrier whether course completion qualifies you for a discount to soften the at-fault surcharge.

Virginia Driver Improvement Course Codes Explained

When you sign up for a Virginia driver improvement course, you'll be asked to pick a reason code. The code tells the DMV why you're taking the class and whether you earn the +5 safe driving points. Here's what each one means:

Most drivers who take the class on their own choose the VOL (Voluntary) code, which credits +5 safe driving points to your record once every 24 months. If a judge sent you, you'll use YCT or NCT depending on whether the court wants points. When in doubt, ask us before you start and we'll point you to the right code. Ready when you are — you can register in about two minutes.

Frequently Asked Questions

How many points is a failure-to-yield ticket in Virginia?
Four demerit points, and the conviction stays on your record for three years. A voluntary driver improvement course adds +5 safe driving points to offset it.

Does an at-fault accident add DMV points on its own?
No. Virginia DMV points come from the traffic conviction, not the crash. But your insurer adds its own points for an at-fault accident, so the financial impact is real either way.

Should I take a driver improvement course after an at-fault crash?
It's one of the smartest moves you can make. The +5 safe driving points repair your DMV balance, and many insurers offer a premium discount for completing an approved course — helping counter the at-fault surcharge.

Enroll Today and Get Back on Track

A failure-to-yield accident hits your license and your wallet at the same time. Take back control: add +5 safe driving points and position yourself for an insurance discount in a single 8-hour class. Enroll today — $74.99, DMV-approved, with a 30-day money-back guarantee. Start your Virginia driver improvement course now, 100% online.