Virginia Car Accident Legal Questions

Being at fault is the same as being negligent. If someone gets a judgment against you, Illinois law and not Virginia law is going to apply since you reside/work in Illinois.  I suggest that you speak with an attorney in Illinois who either defends car accident cases, does collection work or serves as personal counsel to individuals who are being sued for causing a car accident.  One of those types of lawyers should be able to tell you what type of exposure, if any, you have.  I also suggest that you ask this same question to the insurance company lawyer who is defending you in this lawsuit.  Good luck with this matter.... Read More

Since it appears you are headed to litigation, I highly suggest that you hire an auto accident lawyer to handle this matter for you.  I do not recommend that you handle this on your own since the insurance company for the at fault party is going to hire a lawyer to defend the at fault driver with regard to the lawsuit that is filed against the at fault driver.  Try to find a lawyer in the county/city where the collision occurred.  Good luck with this matter.... Read More

It sounds like the hit & run driver is now disputing the facts of the accident even thought he was convicted of the traffic offense.  Try getting a copy of the court record of the conviction and provide a copy to the insurance company of the hit & run driver in hopes that they will change their mind and accept responsibility to pay for your damages. If that does not work, you have 2 other options.  If you have collision coverage on your personal auto policy, you can go through your own insurance company and they will likely then go after the insurance company of the hit & run vehicle to get back their money and your deductible.  Otherwise, I suggest that you contact an auto accident lawyer so that you can file a lawsuit against the hit & run driver for your property damage.  Good luck with this matter. ... Read More

I suggest that you check with an attorney who defends those who cause accident accidents or your car insurance company but typically a parent can only be legally held responsible if the child was doing an errand for the parent or the parent negligently entrusted the vehicle to the child.  Even in those situations the car insurance policy should provide coverage to the parent.  Good luck with this matter.... Read More

I will assume that you have coverage with your auto insurance company, that covers the fixing of your car.  Based upon the limited information that you have provided, it sounds like you can make a complaint with the Bureau of Insurance in Virginia and/or file a lawsuit against your insurance company for not fixing your car.... Read More

Are you sure the state trooper wrote a report?  Virginia State Troopers are not required to write a report for every incident involving a motor vehicle incident.  If you are sure the trooper was going to write a report, then contact directly the trooper or the supervisor of the trooper to find out the status of the report.  Also, if you have collision coverage on your own auto policy, you should consider using the coverage.  Then your insurance company will go after the at fault driver's insurance company to get back their money and your deductible.  Good luck with this matter.... Read More

Since you were injured in the motor vehicle collision, I highly suggest that you hire an auto accident lawyer to represent you.  The liability insurance company is going to hire a lawyer to defend the at fault driver so I recommend that you not go to court without your own lawyer.  Good luck with this matter.... Read More

We need a lot more information to determine whether you have a claim against the police department.  Often times, cities, towns and counties in Virginia have immunity from liability in tort matters, especially if the the incident occurred while the police were performing governmental functions.... Read More

Your wife is entitled to be paid for all medical expenses incurred, lost wages, and pain and suffering.    Even if the injury is not that "serious" if it was bad enough to require her to get medical care and lose time from work, she must have been in pain, and her life was disrupted.   She is entitled to be compensated for that.  I would suggest you contact a personal injury lawyer to discuss the case and her injuries so that you can get a better idea of what she may be entitled to.   I do not have enough information to be able to assess that based on the information provided.   I would be more than happy to further discuss this with you or her.  Please do not hesitate to give me a call.  The initial consulation is free.       ... Read More

If you were injured to the extent that you might need ongoing medical treatment, I highly suggest that you consider hiring an attorney who handles motor vehicle collision matters.  This type of lawyer will be able to explain to you all of your rights under the law.  Your insurance company and the at fault driver's insurance company might not explain to you all of your rights under the law but if you hire an attorney to represent you, that lawyer will look out for your interests.  Good luck with this matter.... Read More

You have an excellent case.   Tha law provides that the wrongdoer takes the injured party as they find him or her.  In other words the negligent party is responsible for the aggravation of your preexisting condition.   You would be entitled to compensation for the medical expenses, lost wages and pain and suffering caused by the worsening of your condition.  I  would be more than happy to further discuss this with you.      ... Read More

No.  The status of a person's license does not matter when it comes to filing a claim for injuries.  Although, I would add that based upon the limited facts that you provide how is the other driver at a minimum at least partly at fault for this accident if he rear-ended your girlfriend?  Your girlfriend should discuss this with her auto insurance company.  Good luck with this matter.... Read More

You have an excellent claim. The value will depend on a number of factors including the amount of your medical expenses, the amount of any lost wages and how long it took you to recover. It sounds like you are still suffering. If your injuries are ongoing then the value is even more significant. I would suggest you contact a personal injury lawyer who can help you navigate this. The initial consultation is free, so there is no harm in talking to someone. I would be more than happy to further discuss this with you. Feel free to give me a call. ... Read More

Once the insurance company issues the $30,000 settlement check it is your responsibility (or your attorney if you hired one to assist you in this matter) to disburse the funds to the appropriate entities (e.g. Medicare and any health care providers with outstanding balances).  Ultimately, you are personally responsible to make sure the settlement is disbursed appropriately.  Good luck with this matter.... Read More

If the accident happened in Maryland the person who hit you may have only had the minimum insurance in Maryland which is $30,000. This does not mean that you are limited to $30,000. You may have insurance called underinsured motorist coverage that will afford you additional coverage. You can also always collect against the wrongdoer personally. I would strongly suggest that you consult with an attorney before accepting any settlement. The consultation is always free. Please feel free to contact me if you would like to further discuss this. ... Read More

It would be a very good idea to consult with a lawyer. The consultation is free and after getting all the facts a lawyer could give you am opinion regarding whether it is worth it to pursue a case like this. It is hard to do an assessment without all the information. I would be more than happy to discuss this with her if she wants to give me a call. ... Read More

The answer to your question will depend on a number of factors.  If you settled without the assistance of an attorney, then read Virginia Code Section 8.01-425.1 to determine if you can now void the settlement.  If you settled with the assistance of an attorney, it will be very difficult if not impossible to void the settlement.  Good luck with this matter.  ... Read More

I am not sure if I understand your question but I will try to give you an answer.  I presume the accident occurred in VA and everyone involved is from VA.  If someone is injured in an accident, the at fault person is not covered by auto insurance and the injured person is not covered by auto insurance then the injured person could sue the at fault driver personally and attempted to collect any damages awarded by a court personally from the at fault driver.... Read More

Typically you are responsible for damage you do to another person's vehicle whether on public or private property unless that person contributed to the incident since Virginia has a contributory negligent law.  I do not see any contributory negligence as to the driver of the expensive vehicle based upon the facts that you have presented.  You might want to consider turning this matter over to your auto insurance company.  Good luck with this matter.... Read More

I sounds like you are asking about the possibility of pursuing a diminished value claim.  After your vehicle is repaired, you could hire a property damage appraiser (e.g. Reed Appraisers (301) 946-6116 www.Reedappraisers.com )to evaluate your vehicle to determine if there is now a diminished value due to the collision.  If you can document in writing a diminished value, then submit a claim with the insurance company for the at fault vehicle. If you have problems later on with the repairs done to your vehicle, then you should take up those problems with the place that repaired your vehicle.  Good luck with this matter.... Read More