Understanding Virginia Car Accident Law Fairfax Attorney
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When it comes to understanding your legal options in-case you had a car accident in Virginia, it is important to know the 4 state car accident rules that can significantly impact your car accident claim.
The Virginia Car Accident Statute of Limitations:
A Statute of limitations is a state law that sets a firm deadline on your right to bring your lawsuit to court.
Moreover, in Virginia there are at the minimum 3 statute of limitations that can come into play after you had a car accident and they are:
- Damage to a vehicle or other property lawsuits in which the defendant has 5 years to file a charge against the offender according to Code of Virginia section 8.01-243
- Car accident injury lawsuits which means that in-case one or more individuals was hurt in the accident regardless of who they are, they need to file a lawsuit in Virginia`s civil court against the offender within 2 years from the day of the accident.
- Finally, in the sever case that the car accident caused a fatality, the deceased’s family or a representative have a 2 year deadline to file the lawsuit starting from the minute the victim`s death occurs as stated in the Code of Virginia section 8.01-244 (moreover, in some cases could happen after the date of the accident itself).
It is important to keep in mind that in-case you file a car accident lawsuit after the deadline, there is a great probability that your case will be dismissed especially if the person you are suing asks the court to do so. Therefore even if you are assured that your case will be set through the car insurance claims, always keep plenty of time to file your case even if it’s just to have clout over the offender during the settlement talks.
Contributory Negligence in Virginia Car Accident Cases:
Unlike the “comparative negligence” rule that the majority of the American states use which allows the at-fault driver to be reimbursed, in Virginia it’s different because of the “contributory negligence” rule, in which if you are even slightly to blame for causing the accident, you will not get any compensation from the other driver. Therefore not only does this rule bind the judges and juries of Virginia but it also directs a car insurance claims adjuster when he/she is assessing your case. Overall even though this rule is very tough, do not let it stop you from filing a car accident lawsuit, moreover speak to Virginia car accident lawyers about your case and see your best course of action
Reporting a Car Accident in Virginia:
Reporting a car accident is your duty because it is outlined in chapter 8 of the Code of Virginia. Moreover, in-case of property damage, injuries and death in a car accident you must report it to the state or local law-enforcement agency. A report should include a person’s name, driver’s license number, vehicle registration number and address. Failing to comply with this duty can result in criminal liability of which the strictness of the crime depends on the severity of the car accident
Virginia Car Insurance Requirements:
Insurance coverage plays a key role in the majority of the car accidents in Virginia thus it is imperative to understand Virginia’s liability car insurance requirements along with the other coverage rules that could affect your car accident case.
If you need a Virginia Car Accident Lawyer to help you with your Car Accident case in Virginia, call us at 888-437-7747. Our Virginia Car Accident Attorneys can help you. C