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How Long Do You Have To File a Car Accident Lawsuit in Virginia?

Virginia’s statute of limitations for most car accident lawsuits is usually two years from the date of the crash. If you don’t file your claim during this window, you may lose your right to seek damages in court. 

While two years is a general rule, there can be exceptions, such as when a minor is involved or if the responsible party leaves the state. Because these details can be complicated, it may be helpful to consult a personal injury lawyer to see how the law applies to you.

Do You Need To Report the Accident to the Virginia DMV?

In Virginia, you may need to report a crash to state authorities under certain circumstances. According to Virginia Code § 46.2-373, you’re generally required to immediately notify law enforcement if a collision leads to injury, death or property damage of $1,500 or more. 

Typically, an officer at the scene files the official crash report. However, if the police don’t investigate for any reason, you may have to file a report yourself to meet this legal requirement.

Duty To Stop and Exchange Information

Before you ever get to the reporting stage, it’s important to stop after any crash and share basic details, such as your name, driver’s license number and insurance information. If you fail to stop and exchange information, you could face legal consequences.

Making sure a report is on file helps protect your right to seek compensation later. If there’s an official record of the accident, insurance companies and courts have a clear document to reference when deciding on injury or property damage claims.

What Are Diminished Value Claims in Virginia?

A diminished value claim relates to the loss in your vehicle’s market value after a crash, even if repairs restore it to good working condition. For example, imagine you have a car worth $20,000 before an accident. After repairs, the vehicle might only sell for $15,000 because potential buyers worry about prior damage. That $5,000 difference could be the basis of a diminished value claim.

However, not all vehicles qualify. If the crash caused only minor damage, or if your car didn’t have a strong resale value beforehand, pursuing diminished value might not be cost-effective. It’s generally wise to gather information, such as appraisals, before deciding whether to file this type of claim.

Should You Speak With the Other Driver’s Insurance Company?

Talking with the other driver’s insurer can be tricky. Insurance adjusters might sound friendly, but they often seek information that reduces or denies your claim. While you do need to cooperate to a reasonable extent, think about keeping your statements clear and concise. You might also consider these points:

If you feel uncomfortable speaking directly with the other driver’s insurance company, or if the conversation seems to be going in circles, it may help to contact a personal injury law firm for guidance. They can handle the insurer on your behalf and protect your interests.

What If the At-Fault Driver Doesn’t Have Car Insurance?

When the at-fault driver lacks insurance or has insufficient coverage, it can create extra challenges. If you have uninsured/underinsured motorist coverage in your own policy, that might help pay for medical bills or vehicle damage. You may need to:

  1. Review Your Policy: Check what types of coverage you have and how they apply.
  2. Document Everything: Gather medical records, repair estimates and any evidence of fault.
  3. Notify Your Insurer: Let your insurance company know right away if the other driver has no coverage.

In some cases, you might explore taking legal action against the driver personally, but collecting compensation can be difficult if they have limited resources. A personal injury lawyer can clarify your options and guide you through these concerns.

Can You Sue for Emotional Distress After a Car Accident?

Emotional distress claims can be part of a personal injury lawsuit if you have evidence showing you suffered mental or emotional harm from the crash. A doctor’s evaluation, counseling notes or statements from mental health professionals can help prove you experienced significant distress. Conditions like anxiety, depression or post-traumatic stress disorder may serve as grounds for seeking compensation. Keep in mind you typically need clear medical documentation linking your emotional difficulties to the accident.

Is Virginia a No-Fault State for Car Accidents?

Virginia is not a no-fault state. Instead, it generally follows an at-fault or tort-based system, where the driver responsible for the crash must pay for the resulting damages. This means you can seek compensation from the at-fault driver’s insurance company. If that isn’t sufficient, or if you have disputes over who caused the accident, you might consider filing a lawsuit or using your own policy for additional coverage.

What Are Common Types of Motor Vehicle Accidents?

Collisions on the road happen for many reasons, and each type brings its own set of challenges. Knowing how different accidents occur may help you better understand your options if you ever find yourself in a crash. Below are some of the most common types of motor vehicle accidents. 

Motorcycle Accidents

Motorcyclists have minimal physical protection, so even a minor crash can cause serious harm. A helmet and other gear can help lower the risk of severe injuries, but bikes are smaller and less visible than cars, which often leads to accidents during lane changes or turns. Road hazards like gravel or potholes can also pose bigger threats to motorcycles than to other vehicles.

A personal injury attorney can assist by gathering needed evidence, negotiating with insurance companies and pursuing compensation for medical bills and lost wages.

Truck Accidents

Commercial trucks can weigh far more than passenger vehicles, causing major damage in a crash. Factors like truck driver fatigue, large blind spots and inadequate maintenance can play a role in these accidents. Liability often involves several parties—drivers, trucking companies or cargo loaders—making the claims process more complicated.

A truck accident lawyer can investigate the cause of the crash, identify all liable parties and advocate for a fair settlement to cover your losses.

Rideshare Accidents

Collisions involving rideshare services, such as Uber or Lyft, may leave you confused about whose insurance applies. Different policies can come into play depending on whether the driver was logged into the app, on the way to pick up a passenger or actually transporting someone.
An attorney familiar with rideshare laws can review the details of your accident and sort out overlapping insurance policies, helping you protect your rights.

Hit and Run Accidents

A hit-and-run occurs when a driver flees without sharing their contact details or helping others involved. Finding the at-fault person can be challenging, but law enforcement, witness statements and surveillance footage may help track them down. If the responsible party remains unknown, your uninsured motorist coverage could help pay for injuries or repairs. When a driver leaves the scene, a car accident attorney can help you pursue alternative legal avenues, especially if you need to rely on your own insurance or collect additional evidence.

A Virginia personal injury law firm can investigate the factors that caused your accident to see if you qualify for an injury claim. After weighing the evidence, they can help you fight for compensation. 

richmond Virginia car accident lawyers

Virginia is home to almost nine million residents. Virginia’s beaches, historical landmarks and scenic attractions make the state a popular tourist destination, with over 42 million tourists visiting the Old Dominion State annually.

With so many people traveling Virginia’s roads, car accidents caused by others are commonplace, often resulting in injuries, fatalities and property damage. Whether you are a resident or visitor to our state, a car accident lawyer can help you in the days, weeks and months after your injury. A competent attorney from Big Auto will fight for your rights and seek the compensation you deserve if your accident took place in Virginia.

How Dangerous Are Virginia Roads?

Virginia ranks in the middle when considering the most dangerous U.S. states to drive in. However, that does not mean the state has minimal crashes.

The following statistics for Virginia crashes in 2022 paint a grim picture:

Motor vehicle accidents impact those involved in multiple ways; they can also affect family members not in the crashes. You may qualify to obtain compensation for damages resulting from your collision. Our car accident lawyers can help you determine how much your case is worth even in Virginia.

Several roads in Virginia see more than their share of collisions, including:

Be particularly careful when driving these stretches.

What Causes Most Virginia Collisions?

Driver error comes in many forms and is responsible for most collisions. Top causes of crashes include:

These negligent behaviors cause otherwise preventable accidents every day. Slick or damaged roads, low-visibility conditions and animal crossings are other common causes. If you suspect a negligent driver caused your crash, inform your car accident lawyer from Big Auto.

We will discuss a few types of crashes and include the injury and fatality count each caused during 2022 in Virginia to demonstrate how dangerous these negligent actions are.

Alcohol-Related Crashes: 6,910 injuries, 274 fatalities

Consuming alcohol before or during driving produces significant impairments that affect the driver’s ability to drive safely. In Virginia, the threshold for drunk driving is 0.08% blood alcohol concentration. However, lower levels also cause impairments, such as:

Some drugs, including prescription and over-the-counter medications, produce similar debilitating effects.

Distracted Driver Crashes: 20,679 injuries

To drive safely, your hands must remain on the steering wheel, your eyes on the traffic conditions and your mind focused on driving. Anything that prevents these necessary actions is a distraction, including:

These distractions usually delay reaction times, making it difficult to avoid collisions.

Speeding Crashes: 24,877 injuries, 441 fatalities

The faster a car goes, the longer it takes to stop. Speed can also affect steering and maneuverability. Speeding drivers may not have time to stop if the traffic ahead slows suddenly, another car attempts to merge in front of them or an animal darts into the road.

Speeding vehicles often intimidate other travelers, which can also lead to accidents.

What Injuries Are Common in Car Accidents?

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All accidents are unique. Seemingly similar collisions can produce different injuries with varying degrees of severity. However, many typical injuries may result, such as:

While some of these injuries are minor, others are life-threatening. You may need surgeries, rehabilitation, at-home medical equipment and therapy. Meanwhile, you won’t receive pay while out of work during your recovery. Combined, these factors usually cause tremendous financial strain and stress.

Don’t Insurance Companies Pay Willingly?

Drivers pay premiums for car insurance policies. In return, the company agrees to pay valid claims. Unfortunately, you can’t count on insurance carriers to pay fair compensation voluntarily.

Insurance companies will investigate your accident, speak to witnesses and obtain official records. They may also interview your friends, family and acquaintances trying to find ways to discredit you.

Insurance adjusters use various means to arrive at a fair settlement value. Among other factors, they consider the likelihood of you winning a court trial and how much compensation a jury might award you.

Armed with this data, other company representatives typically offer claimants a settlement amount that is much lower than what they know is fair. They may offer a quick but minimal payout or use delaying tactics to make you sweat.

While you probably don’t have experience handling complex accident claims, Big Auto’s car accident lawyers for Virginia, do. We are familiar with insurance company strategies and how to counter them successfully. Our knowledge of applicable local laws means we understand how courts operate. We know what kinds of evidence we need to support your claim and how to find it.

Injured accident victims who hire an accident attorney typically receive much larger payouts than those without legal representation. That’s because we know your rights and will fiercely advocate to ensure that we protect them.

What Is Negligence?

Negligence is the basis for most personal injury claims. Legally, negligence is failing to exercise a reasonable level of care that others would in similar circumstances. Everyone who gets behind the wheel of a car has a duty of care to drive safely to minimize the risk of harm.

Say that Tony caused a wreck. To prove his negligence, your Big Auto car accident lawyer in Virginia must show that:

Proving negligence typically requires a thorough accident investigation, which your attorney can conduct. Negligence can be an action or an omission, and isn’t always obvious.

For instance, some vehicles are unsafe to drive. Faulty brakes, cracked windshields and missing headlights often contribute to causing accidents. Knowingly operating a dangerous vehicle is a form of negligence.

How Can Car Accident Lawyers Help In Virginia?

Car accidents have consequences. You might sustain injuries that require multiple medical treatments and extended time away from work during your recovery. You may need to hire people to perform everyday tasks that your injuries prevent you from doing.

Meanwhile, several accident-related tasks need your attention in the aftermath of your accident, some of them having strict deadlines. Your Big Auto attorney can take care of these tasks for you, allowing you to focus on recovery.

Provide Legal Advice and Information

Many people who find themselves involved in car accidents don’t know their legal rights or obligations. You may mistakenly think that insurance companies are your friends, not realizing they routinely use underhanded tactics to avoid paying claims fairly.

When you hire a Big Auto car accident lawyer in Virginia, we will tell you:

We will also present case-specific advice, including things you should and should not do during your claims process.

Handle Accident-Related Paperwork

Any car accident requires you to submit endless claim forms and legal paperwork. You must complete these forms correctly and submit them before their various deadlines. These administrative tasks are a lot to keep track of, so let your lawyer handle them for you.

Investigate Your Accident

To hold someone liable for your damages, your car accident lawyer for Virginia must prove fault. Furthermore, they have to show that you did not contribute to causing your accident in any way. Hiring a competent local attorney is vital because your opportunity for compensation may depend on it.

Virginia is one of only a few states that uses pure contributory negligence laws. You typically don’t have a case if you are even 1% at fault. Opposing insurance companies will try to assign blame to you, attempting to avoid paying your claim.

Your attorney must gather evidence that supports your claim. We will:

The Big Auto car accident lawyers will leave no stone unturned.

Take Over Communications With Insurance Companies

Insurance company adjusters and other representatives often try to trick injured claimants into admitting fault during recorded conversations. They may offer an unreasonably low settlement, hoping you don’t know you can negotiate for a higher payout.

To avoid making potentially disastrous mistakes — and to avoid the hassles of frequent contact — you can designate your lawyer as your representative. We can require that all communications come through us. We can also be present if you do speak to these representatives.

Negotiate a Reasonable Settlement

Insurance companies may try to damage your credibility, accuse you of fault or deny your claim altogether. They may imply that accepting their initial offer is your only chance of obtaining compensation. These and other actions typically intimidate people without legal representation, potentially reducing settlement amounts.

When you hire an experienced car accident lawyer in Virginia, we will not let anyone take advantage of our clients. We will use our honed negotiation skills to seek maximum compensation for your damages.

Take Your Case to Trial

Unfortunately, some insurance companies won’t cooperate. In these cases, a civil lawsuit and trial may be necessary. Big Auto won’t hesitate to advise this course of action if we feel it’s in your best interests.

personal injury attorneys for accident injuries

What Kinds of Compensation Can You Receive After a Car Accident?

Every collision is different, producing various injuries and damages. An “average settlement amount” does not exist because each case is unique. The car accident lawyer assigned to you for Virginia will assess your circumstances and tell you how much compensation you qualify to receive.

Economic Damages

Injured car crash victims incur several expenses as a direct result of their accidents. Economic damages reimburse you for eligible costs, such as:

In some cases, you might qualify to seek compensation for future medical expenses and lost earnings. Our lawyers will advise when we discuss your case.

Keep all invoices, bills and receipts because this category of compensation is dollar for dollar. The attorney assigned to you will use them as proof when calculating economic damages.

Non-Economic Damages

Physical injuries and the accident itself often cause long-term repercussions. You may obtain compensation for these intangible injuries, including:

As a general rule, the more significantly these conditions impact your life, the more compensation you may receive.

Insurance companies are notoriously reluctant to pay non-economic damages. We may need to arrange for medical examinations and hire expert witnesses to prove the validity of your claims.

Why Contact Big Auto When You Need a Virginia Car Accident Lawyer?

Big Auto is a nationwide law firm with co-counseling abilities to serve injured accident victims in every U.S. location. Our firm’s size and reach provide the resources to handle your case competently and negotiating power that insurance companies respect, while our local attorney network gives you the personal attention you deserve.

No matter what type of motor vehicle accident injured you, a car accident lawyer from Big Auto will protect your rights and seek maximum compensation on your behalf. If we don’t win, you don’t pay. Contact Big Auto today to request your free case review. Call us 24/7 at 1 (844) BIG-AUTO or 1 (844) 244-2886 or submit our online contact form.