Jay Braddock Jackson's answer 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 replacing an older car with a new one. Additionally, once your insurance company pays for your vehicle, your right to any collection at all for vehicle damage is transferred to the insurance company...
Jay Braddock Jackson's answer 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, it can be an important element of your damages in the case. I recommend that you contact a personal injury attorney in your area to discuss the accident and the case you may have.
Jay Braddock Jackson's answer 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 child was actually at fault for the accident or not. If he/she was not at fault in any way, then forcing them to say on video that they were at fault provides some opportunity to keep that video out of...
Jay Braddock Jackson's answer 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 there that you were struck as a pedestrian, that information will be recorded in your medical records, which are generally admissible. In a lawsuit filed against the driver, the driver would not be able...
Peter Munsing's answer 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.
Jan F Hoen's answer 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 more helpful information about how to handle a claim, see my firm website (hamptoninjurylaw.com) under the "practice areas" tab for a list of "Do's and Don'ts".
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 were partly at fault regardless of which party's fault is greater.
If you do not have collision coverage on your policy and have to pay for the repair, you would either have to retain counsel at...
Jan F Hoen's answer If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to that attorney, who knows all the details of your case.
Peter Munsing's answer Not now as you may have a "crashworthiness " case against the manufacturer of the truck. Feel free to call me if you have questions.
Going on social media has a lot of risks. Short answer: not right now. Suggest you contact a member of the Va.Trial Lawyers Assn who handles comp. Easter Seals rehab may have a social worker who can help you as well.
Peter Munsing's answer If you mean can you sue the WC carrier for bad faith? Unlikely as they are merely using the legal process and your legislature decided to tip the scales in favor of the carrier. However if the wreck was not your fault this would be part of your injury claim. I assume you have an attorney for these claims. If not consult a member of the Va. Trial Lawyers Assn--they give free cosultations.
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