Common Questions About Auto Accident Claims
When you’re injured in a car accident, life can change in the blink of an eye. Becker, Kellogg & Berry, P.C., has helped clients throughout Virginia, Maryland and Washington, D.C. We can help you understand your rights and fight for the compensation you deserve. Below is a list of frequently asked questions for your convenience. In order to discuss your case further, call our office today at 703-962-1829 or fill out our contact form.
Q: What if the accident was partially my fault?
A: Even if you think you might be to blame, it is important to first talk it over with an experienced attorney. We can gather the necessary evidence in order to determine what happened and who can be held responsible.
Q: Is it OK to talk to the other driver’s insurance company?
A: Never talk to the other party’s insurance company without first consulting an attorney. Their goal is to close cases and give out the smallest settlement. If you talk about your case, you could provide them with information that they can use against you.
Q: The other driver doesn’t have insurance. What does this mean for me?
A: In situations where the other driver doesn’t have car insurance or is underinsured, your own insurance might be able to cover your costs. Some policies contain uninsured/underinsured coverage. We can help you determine what the options are.
Q: Who pays for my medical expenses until my case is resolved?
A: Our goal is to hold the negligent party accountable. This includes getting you compensation for your doctor’s visits. However, in the meantime, you are responsible for payment. We can analyze your insurance policy and discuss all possible solutions.
Q: How long do I have to take legal action after a car accident in Virginia?
A: In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the statute of limitations is five years. However, these timeframes can vary depending on specific circumstances. It’s crucial to consult with an attorney as soon as possible after an accident to ensure you don’t miss important deadlines.
Q: What is Virginia’s contributory negligence rule?
A: Virginia follows a strict contributory negligence rule. This means that if you’re found to be even slightly at fault for the accident, you may be barred from recovering compensation. This rule makes it particularly important to work with an experienced lawyer who can help protect your rights and present a strong case on your behalf.
Q: Is Virginia a fault or no-fault state for car accidents?
A: Virginia is a “fault” state for car accidents. This means that the driver who caused the accident (or their insurance company) is responsible for paying damages to the injured parties. However, determining fault isn’t always straightforward. An attorney can help gather evidence and build a case to demonstrate the other driver’s liability.
Q: What minimum car insurance coverage is required in Virginia?
A: Virginia requires drivers to either have car insurance or pay a $500 uninsured motor vehicle fee. If opting for insurance, the minimum coverage requirements are:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $20,000 for property damage
Keep in mind that these minimums may not be sufficient in serious accidents. We can help you understand your coverage and explore your options if you’re involved in an accident.
Q: How does Virginia handle uninsured/underinsured motorist claims?
A: Virginia law requires that uninsured/underinsured motorist (UM/UIM) coverage be included in all auto insurance policies, matching the policy’s liability limits. If you’re hit by an uninsured driver or one with insufficient coverage, you can file a claim with your own insurance company under your UM/UIM coverage. These claims can be complex, and insurance companies may try to minimize payouts. An experienced attorney can help you navigate this process and pursue fair compensation.
Remember, every car accident case is unique. For personalized advice about your situation, contact Becker, Kellogg & Berry, P.C.. Our attorneys are committed to helping you understand your rights and pursue avenues for success in your case.