The statute of limitations in Virginia has imposed time limits for when to file lawsuits for compensation for damages suffered in auto accidents.
Firstly, drivers have 2 years to file lawsuits regarding car accidents where an injury was sustained as a result; the persons injured may be the car driver, a motorcyclist or a pedestrian.
Secondly, drivers have 2 years as well to file lawsuits regarding car accidents where a person died as a result.
Finally, drivers have 5 years to file lawsuits regarding car accidents where their car or other property was damaged as a result.
There are three ways a driver may file for compensation for damages they suffered in a car accident.
The first and second are through insurance companies. The driver may file for a first party insurance claim with their personal insurance provider. On the other hand, they may file for a third party insurance claim with the at fault driver’s insurance company. The minimum insurance policies available for drivers in Virginia for cases involving car accidents are $25,000 for injury or death of a single person in a single accident; $50,000 for injury or death of two or more persons in a single accident and $20,000 for injury or destruction of property in a single accident. It is recommended for drivers to make insurance claims immediately after the accident took place as they will have a better memory of the accident, and their injuries will be evident to the insurance providers. The insurance company will then investigate the evidence provided to determine the appropriate settlement.
Moreover, drivers in Virginia may also file for lawsuits against the at fault driver in order to have the matter dealt with in a civil court. Drivers may take this course of action first, but it is usually done if a settlement could not be reached with the insurance company, as the latter may present an offer that the victim considers to be unfair or may not accept the claim in the first place. However it is worth noting that a settlement may be reached between the driver and the insurance company before the judge makes a final decision regarding the settlement to be awarded.
Evidence is crucial for each of these three courses of action; this evidence includes medical records, car repair bills, lost wages, and written reports by relevant authorities such as police officers, medical examiners and auto repair shops. This evidence should help the insurance companies or the judge to determine the appropriate settlement amounts. This evidence must highlight the damages suffered as a result of the accident, these damages include medical expenses, lost wages, car repair costs and pain and suffering. The evidence is crucial as it must prove that the at-fault driver was fully responsible for the accident, as Virginia’s contributory negligence rule states that if the victim of an accident was even 1% responsible for the accident, they may not collect any of the financial damages.
If you need a Virginia Accident Lawyer to help you with your Accident case in Virginia, call us at 888-437-7747. Our Virginia Accident Attorneys can help you.