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Virginia Car Accidents Questions & Answers

1 Answer | 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 determined fault... Read more »

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 »

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

Timur 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 Virginia attorney would... 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 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...
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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 will not... Read more »

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 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 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 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 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 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 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 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.

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

Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... Read more »

Jan F Hoen answered on Aug 17, 2018

If he suffered a physical injury, he would have a claim for compensation.

Absent an injury, there is probably not a legally cognizable claim.

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3 Answers | Asked in Car Accidents for Virginia on

Q: Can undocumented individuals file a personal injury claim if they get into a car accident?

Peter N. Munsing answered on Jul 18, 2018

Yes. They should contact a member of the Virginia Trial Lawyers Association for the county where the crash happened. They give free consultations.

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1 Answer | Asked in Car Accidents for Virginia on

Q: What is the best course of action to take when a bumper to bumper accident occurs and your car is at the back?

Wife was in a bumper to bumper accident & her car was at the back. There were no witnesses, no vehicle damage, and the other person's injuries were denied by our insurance (perfectly fine until police arrived then complained about back pain and taken to the hospital by ambulance). The police report... Read more »

Jan F Hoen answered on Jun 13, 2018

The injury claim will be handled by your insurance company. They will not provide you with an attorney to handle the traffic case.

Your wife can either appear and contest the charge on her own or hire counsel.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on

Q: I was hit extremely hard from the side and was cited a tic for $30, went by ambulance to ER and didn’t give statement.

The lady was flying and I don’t feel I was fully responsible. It was a brand new car and I pd cash 4 days prior and my insurance said I didn’t upgrade it from insurance I currently had, which didn’t include collision. I’m responsible for damages on my car. If she were going the speed limit,... Read more »

Peter N. Munsing answered on Apr 16, 2018

Don't give statments until you talk to a lawyer.Call a member of the Va Trial Lawyers Assn--they give free consults.

If you failed to yield you can be given a ticket.

Generally as she was contributorily at fault you can argue to your company she should have a proportional reduction...
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1 Answer | Asked in Car Accidents for Virginia on

Q: I was recently involved in a VA no fault car accident. I have Medicaid, & car is deemed totaled. What should I be asking

The other party insurance has accepted responsibility. I just dont know what Im supposed to accept as far as settlement or offers. I was offered 500 for pain and sufferring & to pay for ER visit due to cervical sprain in neck and shoulder. Shouldnt my medical insurance cover that? I verbally... Read more »

Jan F Hoen answered on Apr 12, 2018

If you have not signed a release, it is not too late.

$500 for pain and suffering is not a fair offer.

See the Hampton Injury Law website for answers to all your questions.

Do not settle until you read the "Do's and Don'ts" for how to handle your claim.

From the home...
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1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on

Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement

I was not the driver at fault.

Christian Lassen answered on Apr 2, 2018

The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

2 Answers | Asked in Car Accidents for Virginia on

Q: I have a claim. I talk them last week. I stupid I really didn't Answer the most important question they ask.

Is ok for me to call back.

Jan F Hoen answered on Mar 13, 2018

If you were injured in the accident, it would be advisable to speak with an attorney before having any further communication with any insurance representative other than one from your own company.

Also, they are not permitted to record you without your permission. Don't agree.

For...
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1 Answer | Asked in Car Accidents for Virginia on

Q: I got in a small fender bender.

The other driver and i were on a 3 lane road and coming up on a work zone forcing traffic to move left leaving it two lanes. He was in the lane being forced to merge and i was in the center lane. There were entrances to a hotel on his side so i didnt think he was going to try and merge, i thought... Read more »

Peter N. Munsing answered on Mar 9, 2018

Let your insurance handle it --they will get the deductible back for you. If you were hurt contact a member of the Va.TrialLawyers Assn--they give free consults.

1 Answer | Asked in Car Accidents for Virginia on

Q: I was in an accident,the other party was at fault,and she fought it. Her ticket was dismissed. What recourse do I have?

My truck was damaged and needs to be fixed. I am being told that I now have to pay for my own repairs.

Jan F Hoen answered on Feb 16, 2018

The answer depends on the facts of the accident.

A traffic summons to the other party does not determine civil liability. You would still have the burden of proving that her negligence was the sole cause of the damage to your vehicle. In Virginia, you would be unable to recover if you...
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