Virginia Car Accident Settlement Process/Timeline Fairfax Attorney
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In Virginia achieving a settlement for automobile accidents follows several processes and they are:
Reporting the car accident:
In Virginia, it is not obligatory for a car driver to file a report for a car accident however you should immediately notify law enforcement as is outlined in chapter 8 of the Code of Virginia. Moreover, in-case of sever property damage, injuries, and death in a car accident people involved in dealing with the accident such as the insurance companies, medical examiners and even auto repair shops are obligated to report it to the state or local law enforcement agency. Failing to comply with this duty can result in criminal liability.
Virginia Car Insurance Laws:
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 as such since Virginia does not require drivers to buy car insurance, they do offer the choice of paying for UMV or an Uninsured Motorist Vehicle to the DMV for an annual $500 fee but this does not offer any accidental coverage thus most people in Virginia choose to purchase the Liability Insurance which pays for the costs of damage you caused to others in an accident.
Moreover, there are three minimum liability limits that a motorist in Virginia must carry and they are:
- $20,000 for Property Damage
- $25,000 for Injury or death of 1 individual
- $50,000 for injury or death of 2 or more individuals.
Virginia Settlement procedure:
Settlements for car accidents take play when the individuals along with their insurance companies are able to reach an agreement on the cost of “damages” that the insurer is able to pay. Thus, the settlement process starts as soon as you file a claim to your insurance company by detailing your injuries, property damage along with any other claims that are able to be compensated. Following this, the insurance companies will then examines your claims and when they finish examining your claims they will offer a settlement proposal, this process can take anywhere from 60 to 90 days.
Likewise, in the chance you feel the settlement is unfair to you, you may offer any supplementary arguments and evidence in addition to a counter-offer as such the negotiation process will more than likely involved multiple rounds. Furthermore, if an adequate figure is found and accepted, you will abandon your claim to sue. However, if no agreement is found, then you will have to file a lawsuit in a Virginia civil court and continue with your claim in the court system. However, you can still reach an agreement before the court passes judgment.
Statute of limitations is a state law that sets a firm deadline on your right to bring your lawsuit to court. Moreover, in Virginia the statute of limitations under VC section 8.01-243 that comes into play after you had a car accident offers you only 2 years to file your case. Failure to comply with that deadline will result in you losing your opportunity to have your case heard in court. Furthermore, there is a great probability that your case will be dismissed entirely especially if the person you are suing asks the court to do so.
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