Virginia Laws to Know Before Filing a Car Accident Claim

Before you file your car accident claim, understanding state law is paramount. Without this information, it's easy to make a costly mistake. Fortunately, a lawyer can guide you each step of the way and help you navigate state laws and statutes that can affect the outcome of your claim.

Hospital expenses are not the only things to worry about when you’ve been hurt in a car crash. Determining who is liable, who should pay whom, and by how much can quickly consume your life. This is where an experienced car accident lawyer can make all the difference. Allow a professional to manage your claim while you focus on health, recovery, and returning to normalcy.

You may be entitled to compensation and the last thing you want to find out is you’ve lapsed the statute of limitations. Despite all the evidence you have there are guidelines for how civil claims are handled. Read on to learn more about Virginia personal injury laws.

At-Fault Insurance Laws

State insurance fault laws are categorized as either at-fault or no-fault. In at-fault states, drivers go after the party whose fault caused the car accident and their insurance company.

In contrast, drivers in no-fault states go to their own insurance companies after a car accident, regardless of whose fault the accident was.

Virginia is an at-fault state, so this means the person responsible to pay compensation after an accident is the at-fault party. Proving their negligence is a requirement to win your lawsuit.

Contributory Negligence Laws

Unlike comparative negligence states, there are a few states with contributory negligence laws, and these states include Virginia. Contributory negligence laws state that if you were even slightly responsible for an accident, you can no longer recover from the other party.

This is something you should be very careful of, as insurance companies can be quick to point out contributory negligence, so they don’t have any obligation to pay. That leaves you handling the entire bill for your injuries and damage to your vehicle. 

The Statute of Limitations

The statute of limitations is your deadline for filing a case or claim. No matter how much evidence you have, your claim won’t be heard if it’s filed past the period prescribed by the law. Under Virginia law, the statute of limitations for filing a car accident claim is two years.

It’s always best to get the assistance of an experienced car accident lawyer who knows the law, so you don’t get blindsided by the technicalities of the legal system.

How a Car Accident Lawyer Can Help

When you file your car accident claim before the other party’s insurance company, you don’t always get the settlement offer you deserve. Negotiating with the insurance company can be tricky, and it’s not always your best interests at the top of their priority list.

At Halperin Law Center, we have your best interests at heart. We understand just how frustrating it is to deal with insurance companies who lowball you and we know how to combat their tactics. That’s why a Richmond car accident lawyer from our team can provide the best representation by putting your needs first.

Schedule your free consultation today when you dial 804-527-0100 or by visiting us online.

About the Author:

Halperin Law Center

At the Halperin Law Center, we believe that people should be held responsible for their actions. If your life was disrupted by an injury, then don't hesitate to take legal action at our Richmond, VA, law firm for the compensation you deserve.... View full business profile here: Halperin Law Center

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