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Virginia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Wrongful Death for Virginia on
Q: In west Virginia how long does the process take to settle a wrongful death suit and how much is a case like this worth
Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

I'm very sorry for your loss. A local state attorney could answer best, but your question remains open for two weeks. There is no universal answer. It could depend on the nature of the case (respective liabilities of the parties involved), the damages being claimed, the willingness of both... Read more »

2 Answers | Asked in Car Accidents for Virginia on
Q: Can i sue an insurance company for not doing a full investigation on a claim?

another driver recently hit my truck and I filed a claim with their insurance company. They denied the claim without asking for photos of the accident that I believe clearly shows who is at fault. They never even looked at our vehicle to see the damages. I was hit in a parking lot that has cameras... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 27, 2020

A West Virginia attorney could answer best, but you await a response for three weeks. As a general matter, the insurance company of the other vehicle does not owe you a duty to protect your interests. They need to worry about protecting their insured. You could contact a West Virginia attorney to... Read more »

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1 Answer | Asked in Car Accidents for Virginia on
Q: my 18 year old son , which was 17 at the time of the accident was issue a summon this weekend for a accident that didn't

have any bodily injuries.it was my son fault , but the damages was only done to my son car only. should we look into getting a lawyer?

Tim Akpinar
Tim Akpinar answered on May 25, 2020

A Virginia attorney could answer you best, but your post remains open for three weeks. I'm glad that everyone is okay and that damages were limited to property damages on one car only. You could contact a traffic tickets lawyer to discuss the summons and what the best and most cost-effective... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: If I got reckless not a DUI but I wasn't coherent and think I got drugged should I use that in court?

I'm in VA and was at a party the night before the accident and I dont really remember any of it up to the point of the charge. They did sobriety tests on me and it wasn't because of alcohol. I'm pretty sure someone roofied me.

Shemeka C Hankins
Shemeka C Hankins answered on Mar 12, 2020

I would make a meeting with a local attorney. Whether or not you were under the influence of an un-administered intoxicant will be up to you to show to the court and what evidence you can show of that fact - not just your assumption or speculation. There may be other ways local counsel can help... Read more »

1 Answer | Asked in Car Accidents for Virginia on
Q: I'm 17 and hit a car's bumper and damages are minimal but I'd like to pay out of pocket so my parents won't find out.

will my parents be notified by the police?

Tim Akpinar
Tim Akpinar answered on Feb 13, 2020

A Virginia attorney could advise you in the best manner, but your post remains open for two weeks. No one here can make that decision for you; that is something you will have to decide. No one can tell you whether your parents will find out either. If that does happen, it is probably likelier to... Read more »

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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1 Answer | Asked in Car Accidents and Insurance Defense for Virginia on
Q: Rear ended the other car backing up while parking and his insurance claims that both are responsible for damages. Why?

I was recently involved in a Car accident at the University drive way where the other car backing up while parking on my way of lane. We shared our insurance info right after - no police involved. His rear end and mine front driver end, but his insurance company claims that in VA if both vehicles... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Oct 14, 2019

I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in... Read more »

1 Answer | Asked in Car Accidents and Lemon Law for Virginia on
Q: Is the shop responsible for towing if work performed incorrectly and car breaks down after leaving shop
Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 21, 2019

Yes, the shop should pay for the tow, if the breakdown is due to the incorrect repair. If the breakdown is due to the original problem, and the repair was ineffective, that may be more difficult. If you took the car in for a repair and they told you that it was completely repaired, then you should... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: lost wages for LLC member injured in car accident in Virginia

Let's say a partner owns 99% of a partnership in Virginia. The partnership reports gross revenue of $500,000 for past year on IRS form 1065. The partner's K-1 reports ordinary income of $100,000. To calculate lost wages for the partner, who's injured during a car accident, what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 20, 2019

I regret that I do not handle personal injury cases. Sorry.

2 Answers | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on
Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
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

Tim Akpinar
Tim Akpinar answered on Feb 24, 2019

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... Read more »

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1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on
Q: A city bus driver hit the side of my vehicle. I wasn't there when it happened (my car was parked while I was shopping)

but one of the bus riders got off and left me a note, detailing what happened and also provided the number on the side of the bus. Is that enough evidence to sue the city for damages?

Jay Braddock Jackson
Jay Braddock Jackson answered on Nov 26, 2018

It’s certainly enough to start. You may wish to start

With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so...
Read more »

1 Answer | Asked in Car Accidents for Virginia on
Q: I had a traffic accident. I wasn't injured but the at-fault driver is avoiding his insurance companies calls.

My vehicle was probably totaled.

It's a 2001 with between $4000-5000 in damage including a bent frame. While I was only bruised I have been forced to rent a vehicle on my credit card. I can't move forward until I know whether they will total the vehicle. His insurance company... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Nov 14, 2018

Virginia does not recognize a cause of action for delays without anything more. Particularly if you are proceeding with the repair. You have a cause of action for your payments for the rental car, but you do not have a cause of action to put yourself in a better position than before the accident by... Read more »

2 Answers | Asked in Car Accidents for Virginia on
Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?
Jan F Hoen
Jan F Hoen answered on Nov 1, 2018

Your question does not provide enough information.

Meet with an attorney to discuss the details.

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3 Answers | Asked in Bankruptcy and Car Accidents for Virginia on
Q: I hit a parked car while uninsured can the debt I owe for the property damage be included/dismissed if I file chapter 7?

I was charged with a dui but it was dismissed at court.

Robert R Weed
Robert R Weed answered on Oct 10, 2018

Yes, as long as you weren't charged with DWI.

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2 Answers | Asked in Contracts and Car Accidents for Virginia on
Q: Hello

I think I have been scammed

Peter N. Munsing
Peter N. Munsing answered on Oct 8, 2018

How? We all have at one time or another.

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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?

I live in Woodbridge, Virginia. This morning I was involved in a hit and run, where an individual rear ended me on purpose while my car was in motion after terrorizing me for about a mile and a half. I obtained his license plate number when he drove away and called the police. My legal question is... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Sep 23, 2018

In Virginia the negligent infliction of emotional distress is not an individual cause of action that may be brought without other injuries. However, if you were physically injured in the accident and received medical care and also received psychiatric care as a result of the trauma of the accident,... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?

He was in a car accident in a shopping center. The other driver was driving with a suspended license, no insurance in a borrowed car.

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Pedestrian hit by a car. What are my options?

I was a pedestrian hit by a vehicle here in Virginia on June 1. As a result, my knees were pretty bruised up and my back was jolted. I went to the ER directly after via my own vehicle and have been to physical therapy since. The police came to the scene and there was an accident report made but no... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff... Read more »

1 Answer | Asked in Car Accidents for Virginia on
Q: My vehicle was hit by a Town of Pulaski, Virginia, lawn mower operator on a 25 mph road.

He was driving down the middle of the road at about5 mph, looked over and appeared to nod me over to pass. He then pulled as far to the right as possible. He slowed his lawn mower. (There was a double yellow line.) When I slowly proceeeded to pass him, he took a hard left and drove his lan mower... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 17, 2018

What does the police report say? These are often more difficult cases than they seem. The other driver presumably now claims he signalled to turn etc . Another possibility if you have collision is run it through your insurance and let them go after the township.

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