Henrico, VA asked in Car Accidents and Personal Injury for Virginia

Q: Who is responsible in an accident when no one is charged

Had accident last May and get a supena today to pay $8,000 in damages

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If you have a copy of the police report, look at comments made by the responding officers. Those should help determine liability. In general, reports include comments such as, "failure to yield," "following too closely," etc. However, since considerable time has elapsed, a Virginia attorney would be able to provide the most meaningful advice regarding how to respond. If you reported the matter to your insurance carrier, they should make arrangements for an attorney to defend any actions against you by claimants in the accident. If your insurance carrier does not accept handling of the matter, you should consult with a Virginia attorney.

Tim Akpinar

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: First, if you had insurance get the insurance the information. You generally don't get a subpoena for a claim.

Second, you need to get the full police report.

Third, if you were hurt take these to a member of the Va. Trial Lawyers Assn--they give free consults.

DO NOT GIVE A STATEMENT ABOUT HOW IT HAPPENED TO THE OTHER SIDE OR THEIR ATTORNEY--refer them to your insurance if you had it, if you didn't just tell them you will be looking to get legal counsel, but until then are giving no statements.

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