Virginia Car Accident Legal Questions

You cannot sue their lawyer.  I suggest that you sit down with an auto accident lawyer in your area to determine whether you have a claim against the other driver for any bodily injuries resulting from the collision.  An auto collision lawyer will be able to explain to you whether you are eligible to make a claim against the other driver.  Under Virginia law, if you contributed to the cause of the collision you will not be able to make a recovery.  Good luck with this matter.... Read More

There could be any number of legitimate reasons why a court date is changed at the request of an attorney.  From your question, I do not know if this was a traffic court hearing or civil court hearing but either way there are many legitimate reasons why a court date can change.  Just make sure your wife shows up at the rescheduled trial date.... Read More

Debt collection is not an area of the law that I practice but here are some suggestions.  Speak with an attorney that does debt collection to get some advice.  If you were on the job at the time of the accident, I believe that your employer and/or the liability insurance company for the employer, is primarily responsible for the damages.  In addition, check with the automobile insurance company that you had on the date of the accident (since your automobile insurance company would have secondary responsibility for the damages) to see whether it will pay for the damages.  Also, you can check with the credit card company to see if the card that you used to rent the vehicle, provided any type of insurance coverage that might cover the damages.  Good luck with this matter.... Read More

Each insurance company has different methods for determining the value of a vehicle.  If the cost to repair the vehicle is close to or exceeds the fair value of the vehicle, then the insurance company is only required to pay you the fair value of the vehicle.  If you and the insurance company cannot agree on the fair value of the vehicle, you have the option to file a lawsuit and let a court decide the fair value of the vehicle.  Keep in mind that litigation can be costly and can take a period of time before you actually go to trial.  You also can call the Bureau of Insurance which is the state agency in Virginia which regulates insurance companies to determine if your insurance company is correctly handling your property damage claim.  Good luck with this matter.... Read More

If the bus driver did something negligent (i.e. something wrong) to cause your son's injury you might have a claim against the driver and/or owner of the school bus for your son's broken leg.  The other issue is whether the 30 minute delay in getting your son medical attention has made worse his injury which could be very difficult to prove.  I suggest that you speak with a personal injury attorney in the city/town/county where you reside.  Good luck with this matter.... Read More

Generally the at fault party and/or their insurance company, is required to only pay your the fair value of the car and to reimburse for the car rental.  I cannot tell from your question what other compensation you believe you are entitled to as a result of the parking lot accident.  Good luck with this matter.... Read More

Since you do not mention being injured in the accident, I suggest that you take this matter up with you auto insurance company so that it can do an investigation and try to determine if you, the other driver or both of you were at fault for the collision. Also, keep in mind that the vehicle traveling down the aisle of the parking area likely had the right of way since you were backing out of a parking spot and you had the duty to make sure it was safe to do so.... Read More

There is no formula. If there was, every case would be put into a computer and the amount spit out the other end would be what the injured victims gets, no "Ifs, Ands or Buts." For example, in cases where my pregnant clients were injured, and the medical bills are very low (because they cannot be X-rayed, take strong pain medications, etc.), we recovered many times the amount of the bills or "Special Damages." In other cases, I have seen unethical lawyers send people to doctors where the bills are artificially inflated for "palliative care" and they end up settling for less than the "specials." In cases involving burns, the pain is significant, as is the case where there is a permanent injury to a weight-bearing structure (i.e., a crushed foot with be a constant, painful reminder as opposed to a cut to the scalp). Every case is unique, and, depending upon the jurisdiction, physical pain, emotional distress, inconvenience, hedonic damages, loss of consortium and mental suffering may all be part of a jury's verdict or trial judge's judgment. That is why retaining an experienced, ethical lawyer who actually tries cases will help you understand the process and get a fair result.... Read More

Assuming that the person who broadsided you is at fault for the accident, yes the at fault driver is responsible for your new injuries (neck & shoulder) and any aggravation to an old injury (leg).  Since you already had a prior injury (leg/hamstring strain), prior to this recent accident, it can make your auto collision claim more complicated.  I suggest that you consult/hire an auto accident lawyer.  Good luck with this matter.... Read More

If you had a bad accident and got disabled by losing one leg, I would hope that you hired an auto accident attorney to represent you in that matter.  If you did hire an attorney, I would assume that he/she has advised you that in some situations a health insurance company can assert a lien in Virginia against a personal injury recovery.  If there is a valid lien, then sometimes you can negotiate the amount of that lien with the health insurance company or even try to get the health insurance company to waive the lien.  In Virginia, some health insurance liens are not valid due to the anti-subrogation law.  If you have not already hired an auto accident attorney to represent you in this matter, I strongly suggest that you do so.  Good luck with this matter.... Read More

In auto collision claims the insurance company is generally not going to give you a contingency plan settlement.  You are entitled to make a claim for the total medical bills, loss wages actually incurred and something for pain & suffering/inconvenience.  Your claim appears to be rather minor (e.g. small amount of medical bills and it is not clear from your description whether you incurred any loss wages) so you might want to settle this matter on your own but you can always consult an an auto accident attorney to determine whether you would be better off with a lawyer resolving this matter for you.  Good luck with your claim. ... Read More

If you have not already done so , you need to advise your insurance company that your son-in-law used your car without permission and was involved in a hit and run incident causing damages.  You should also file an incident report with your local police department advising them that your son-in-law took your car without permission and was involved in a collision.  If you do all of the above, you will likely not have any personal liability for the incident.  However, your son-in-law will have personal  liability/responsibility for the incident.  Good luck with this matter.... Read More

We need more information to properly answer this question.  Did another vehicle cause your daughter to crash?  When you say that your daughter was on the highway for University purpose, do you mean she was employed by the University and was on the job at the time of the crash?  Who do you believe should be responsible for compensating your daughter for her loss college credits?... Read More

Anyone who is injured in a motor vehicle collision, no matter his/her age, has a right to seek compensation for their injuries, medical bills and/or pain & suffering.  I suggest that you consult with an attorney who handles motor vehicle collisions.  Best of luck with this matter.... Read More

I suggest that you have someone examine the brakes and determine if the current condition of the brakes are due to the collision or not.  If you get a report that supports your claim that the brakes were damaged in the accident, then submit the document to USAA so that the insurance company can reconsider its decision.  If USAA still continues to deny the claim as to the brakes, you could always sue the USAA insured in court.  Good luck with this matter.... Read More