Virginia Car Accident Legal Questions

If you have been cited for a traffic violation and summoned to court, I suggest that you consult with a traffic court attorney.  At a minimum, I think you should appear in court and explain the above to the judge.  Just because you settled a civil issue it does not mean that the traffic citation automatically goes away.  Good luck with this matter.... Read More

You have not provided enough background information in order to obtain an adequate answer to your question.  I suggest that you call or visit an attorney who handles automobile collision cases so that you can provide additional information and then you will be able to obtain advice as to whether you have a viable claim that can be made.  Good luck with this matter.... Read More

I presume that you are dealing with the liability carrier of the at fault driver.  In the past, my office submits a loss wage claim for clients that is based upon the gross income lost not net income lost.  I suggest that you ask the liability adjuster to provide you with case law or a statute that allows the liability carrier to only pay the net loss income instead of the gross loss income.  Good luck with this matter.... Read More

The insurance company for the at fault driver is possibly responsible for your time off of work.  The other possibility is that if the repair shop did not properly fix your car the first time, perhaps the repair shop is responsible for your time off of work.  But I suggest that you first try to get the insurance company for the at fault driver to compensate you for your time off of work.  Good luck with this matter. ... Read More

First, people can be injured even if they had no complaints at the scene of the accident.  Second, when an attorney files a lawsuit on behalf of a client for personal injuries, the lawyer always sues for more money than the case is worth for legal reasons. I presume that the injured party has filed a lawsuit seeking more money than your coverage.  It sounds like your insurance company is telling you that you have the right to have private counsel because there is possible exposure to you above your liability policy limit.  If you cannot afford private counsel, I suggest that you check whether there is legal aid or some other ability to hire a less expensive private lawyer in your geographical area based upon your income.  Also, check whether there are local bar associations or pro bono groups in your geographical area that would be willing to help. Good luck with this matter.... Read More

A client can terminate a lawyer at anytime.  A lawyer can terminate a client at anytime so long as the termination does no harm to the client's pending matter (e.g. there is no approaching trial/hearing date).  Based upon the information that you have provided, I suggest that you obtain a copy of your file from your current law firm and find another lawyer to take over this matter .  Good luck with this matter.... Read More

I presume that you were operating a vehicle that had auto insurance when this incident occurred.   Therefore, you need to immediately turn over the lawsuit papers to your auto insurance company that you had on the date of the accident.  Your auto insurance company will hire a defense lawyer to represent you and will pay any judgment awarded against you up to your auto policy limit. If you did not have auto insurance on the date of the accident, then I suggest that you hire an attorney to assist you with this matter.... Read More

You should immediately turn over the summons and any other papers served on you to your auto insurance company at the time of the accident.  Your auto insurance company will hire a lawyer to defend you in this litigation.  If any money is awarded to the other driver, it will come from your insurance company up to your policy limit.  Your auto insurance company will pay for the lawyer hired by your auto insurance company. This is one reason you purchase auto insurance to take care of you in situations like the one you have described.... Read More

The insurance company does not automatically have to accept your diminished value claim.  My experience has been that the newer the vehicle the more likely the insurance company will consider a diminished value claim.  To bolster your diminished value claim, you could pay a company like Reed Appraisers (301) 946-6116 www.Reedappraisers.com in Silver Spring, MD to write a DV report for a fee.  A DV expert does not necessarily have to look at the vehicle but will do so for an extra charge.  Usually a DV expert, among other things looks, at the itemized repair bill in order to prepare a DV report. If you are still having problems with the vehicle after the repair, I suggest you direct those issues to the body shop that repaired your vehicle.... Read More

It depends.  Insurance companies in Virginia can require that a minor's settlement be court approved.  If the matter was court approved, you will not be able to reopen the matter.  If there was no court approval of the settlement then you might be able to reopen the matter.  Check with your mother, the insurance company or your attorney (assuming your mother used one) to determine whether the settlement was approved by a judge.  On another note, your mother should have protected the settlement proceeds for your benefit until you reach age 18.... Read More

John Bisnar Ask a dozen of the best auto accident attorneys what a fair settlement is for your claim and you will get a dozen different answers.  Even with the details that you provided, there are dozens more I would want to know before attempting to settle your case if you were my client.  A concussion is a traumatic brain injury and should never be taken lightly.  I'd have a few dozen questions for you and your medical records about the concussion alone.  Is your "soft tissue injury" something that is fully healed and will never bother you again (unlikely).  Or is it like my "soft tissue injury" of 38 years ago that has developed into six nasty bulging disks and the associated problems? The idea of "fair" is another tough one.  "Fair" can mean, "in accordance with the rules or standards; legitimate".  When applying your claim to the term "fair", there are no true standards because every injury, every traffic collision and every circumstances is unique, in my opinion.  Taken another way, as long as your claim is legitimate, then the most you can get from an insurance company is "fair". In reality, as personal injury claim is worth what you can recover.  Insurance company's do not over pay.  What ever amount an insurance company pays, they had a reason for paying it.  And that reason was n the best interests. A great negotiator is going to get paid more on their claim than a poor negotiator.  Is that fair?  I think not but that is the way it is. If the $7,500 is the insurance company's first offer, at least they are accepting liability.  Your job now is to negotiate the best deal you can.  If I were in your shoes, I would highlight the long term consequences of your concussion and your spinal injury (soft tissue injury) and demand $20,000.  Then do the best job of negotiating that you can from there.  In today's reality, without any outstanding circumstances, you can expect to settle around $10,000, which is much less than what is "fair" in my opinion. Keep in mind that all claims have a time limit within which your claim must be settled or you must file a lawsuit.  Failure to comply with your State's time limits will terminate your rights. John Bisnar Bisnar|Chase, California Auto Accident Attorneys www.California-Lawyer-Attorney.com 800-956-0123  ... Read More

It sounds like even though you had full coverage with Nationwide, because you did not list your daughter as a licensed driver then Nationwide denied coverage to your daughter.  It is my understanding that what Nationwide did is allowed under the insurance regulations in Virginia.  I suggest that you call the Office of the State of Virginia Bureau of Insurance in Richmond to confirm whether Nationwide was correct in denying coverage to your daughter.  Assuming what Nationwide did was legal, then yes it is my understanding that the subrogated debt will continue to incur post-judgment interest until paid.  Your daughter might want to consult with a debt collection and/or bankruptcy attorney to further explore her options as to this subrogate debt.... Read More

Technically under the law you as the patient are ultimately responsible for all medical bills incurred whether from a motor vehicle collision or other reasons.  I suggest you sit down with your lawyer and discuss the issue regarding the bill.  Without knowing all the facts, it is difficult to give you a definite answer.... Read More

Yes, every state in the USA, has a statute of limitations on how long a debt can be collected. As in an automobile accidentt or personal injury claim, there is a statute of limitations on how long you could collect. There is nothing stopping you from ever collecting on a civil judgment, but if the opposing party's attorney looks at the judgment execution date and it has passed the statute of limitations and raises this is an affirmative defense, you will be barred from collecting on that debt or judgment. A civil judgment is simply the court stating that you have a legitimate debt owed to you, and debts have a statute of limitation on collection. in your particular situation the following law applies: 2006 Code of Virginia § 8.01-251 - Limitations on enforcement of judgments: 8.01-251. Limitations on enforcement of judgments. A. No execution shall be issued and no action brought on a judgment,including a judgment in favor of the Commonwealth and a judgment rendered inanother state or country, after 20 years from the date of such judgment ordomestication of such judgment, unless the period is extended as provided inthis section.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook    ... Read More