In the state of Virginia, people who have been in an accident which resulted in either the injury or death of someone must immediately inform a law officer in the state. The driver is not required but rather allowed to file written reports on the incident. However, written reports from other related authorities such as police officers, medical examiners or auto repair shops may be obligated to be presented as pieces of evidence when determining the settlements.
Furthermore, the statute of limitations in Virginia states time limits for filing a lawsuit on an auto accident, these are a 2 year limit for lawsuits against the other driver if an injury was sustained because of the accident, a 5 year limit for lawsuits dealing with property damage, and a 2 year limit for lawsuits dealing with the death of a person due to the accident.
There are three courses of action to take in order to obtain compensation for an accident. One may file a first party insurance claim with their insurance provider, a third party claim with the at-fault driver’s insurance company, or they may file a lawsuit and have the matter be dealt with in court.
The law in Virginia obligates drivers to provide evidence of their financial ability to meet a case regarding a car accident; therefore many insurance policies may be obtained. The minimum for each of these policies is $25,000 for injury or death of a single person in one accident; $50,000 for injury or death of two or more persons in one accident; and $20,000 for injury or destruction of property in one accident.
The settlement process begins with filing evidence of the damages suffered from the accident; these damages include medical expenses, car repair costs, lost wages, and pain and suffering. The insurance company then investigates these damage claims and determines the settlement amounts by considering factors such as the extent of the injuries, property damage and lost wages suffered. Furthermore, due to the state of Virginia employing a contributory negligence law, the client must prove that the other driver was 100% responsible for the accident, if proven otherwise, and the client was partially responsible for the accident, they may have their right to collect damages revoked.
Settlement amounts are very difficult to estimate, and in some cases the client may feel as though the offer made by the insurance company is not fair and will not be enough to compensate for the losses suffered in the accident. In such cases the client may provide additional evidence and present a counteroffer which will then initiate rounds of negotiation. If these negotiations succeed, the client will waive their right to sue in exchange of an agreed upon amount. However, if they fail, the client will have to file a lawsuit and pursue their claim in a civil court. Even though the case has been taken to court, it is still possible that a settlement is reached between both parties prior to the judge’s final verdict on the matter.
If you need a Virginia Auto Accident Lawyer to help you with your Auto Accident case in Virginia, call us at 888-437-7747. Our Virginia Auto Accident Attorneys can help you. C