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

Q: In a contributory state, what can deny a driver of suing the other party?

If in a car accident, in a contributory state, if my insurance denies the driver's claim and the driver's insurance denies my claim. Can the other driver sue in a civil case? I have injuries and the other driver has none.

2 Lawyer Answers
Christopher J. Pitera
Christopher J. Pitera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Personal Injury Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: The doctrine of contributory negligence stands for the concept that one who causes or contributes to his accident is completely barred from recovering for his injuries. Whether the doctrine applies depends upon the facts of each case. You should contact a personal injury attorney who can learn more specifics about your case and provide some further insight. You may have a case, you may not. You may be entitled to medical expense benefits regardless of who is at fault if you have that type of coverage on your auto policy. Most lawyers offer free a consultation. Contact a lawyer.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: Consult with an attorney. That's the best way to determine how your respective liabilities pan out. Law firms that handle such cases generally offer free initial consults. Good luck

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