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Virginia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Collections for Virginia on
Q: 10 yr collection from a car accident (I was 16yo). Pay $17,000+ in order to get my license reinstated. Can I fight this?

I was involved in a minor accident at 16 with permit. No injuries or emt required on site. Afterwards, get a letter stating license suspended until payment of $14,000 to GEICO. 10 years have passed and total is now $17,000+. I feel this is unacceptable to ask being that I was a minor and a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 11, 2024

The law is that if you cause an accident, you have to pay or face license suspension. The fact that you were a minor, or that you have kids, or you were a student has no bearing on anything. You didn't get a letter - you received a copy of a judgment. The judgment is now 10 years old, and now... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Fairfax VA - Searching for an attorney to take a case on a civil case in a car accident. Do you know of anyone ?

Oct 2022, both my siter and I got T-Boned by a driver with NO, DL, and NO Insurance. She had taken the car owned by her sister. We have reasons to believe that her sister know that she was taking the car out for drive since this was not the first time the ounger sistre 19 had done so in the past... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

A Virginia attorney could advise best, but your question remains open for a week, and you express urgency in your request for assistance. I'm sorry about your accident and the serious medical attention that it has resulted in. There are a number of issues here that an attorney will need to... View More

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Hi last year I had a tree fall on my car while I was driving that was in the VDOT right of way. The tree was dead and

The tree was dead and rotting but still very heavy and I am lucky to be alive and I was uninjured. My car was of course totaled and the insurance paid for it to be totaled without a deductible. I have since been experiencing PTSD when I drive especially around trees. Does VDOT have any liability... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2023

A Virginia attorney could advise best, but your question remains open for a week. At this point, you could reach out to attorneys to try to arrange a free initial consult. Emotional distress and related elements of motor vehicle accidents can sometimes be difficult, and can be less straightforward... View More

4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2023

First, I am not a Virginia attorney (though I have handled cases there at the request of some). However let me note that members of the Va. Assn for Justice give free consultations so why not get one?

Generally, you look to have the insurance pick up your medicals. So be sure you tell the...
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4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Christopher J. Pitera
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answered on May 23, 2023

That means your auto policy carries medical expense benefits up to a certain limit. Medical expense benefits can be stacked in Virginia for each vehicle you have on the auto policy. Generally it is best to use your health insurance in Virginia before exhausting medical expense benefits for a... View More

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

Christopher J. Pitera
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answered on May 4, 2023

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... View More

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1 Answer | Asked in Car Accidents for Virginia on
Q: My daughter got into an accident with my car and the police report proved the other driver that hit my car was at fault.

What would be the next steps. Their insurance company says they are still investigating and the police report does not prove anything. What should I do

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2023

A Virginia attorney could advise best, but your question remains open for three weeks. I hope your daughter and others involved in the accident are okay. In terms of your question of what to do, if your daughter is contemplating a claim for injuries, she could try to arrange a free initial... View More

1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... View More

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... View More

2 Answers | Asked in Car Accidents for Virginia on
Q: In Virginia, can one recover time off work resulting from a car accident? In particular, not due to injury?

Time lost from work on the day of the car accident and time spent resulting from the accident. If so, what is the particular Code of Virginia statue that permits this recovery?

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2022

Correction - I meant, "they're no-fault or NON no-fault jurisdictions." I apologize for the error. Good luck

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2 Answers | Asked in Car Accidents for Virginia on
Q: In Virginia, can one recover time off work resulting from a car accident? In particular, not due to injury?

Time lost from work on the day of the car accident and time spent resulting from the accident. If so, what is the particular Code of Virginia statue that permits this recovery?

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for meaningful guidance, the short answer nationwide is that one usually needs to demonstrate injury or disability. And that generally requires a report or... View More

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1 Answer | Asked in Car Accidents for Virginia on
Q: Brother was rear ended in my car when it wasn’t insured, by a driver who was also uninsured. Who should file in court?

Insurance can’t help. Do I file or does my brother?

Juli Porto
Juli Porto
answered on Apr 23, 2024

If your brother has a claim for personal injuries, he is the claimant. Even though he was driving your car, he may have coverage from his own insurance company for his personal injuries. It is best to seek advice from a lawyer on this issue, and most, including myself, will offer free consultations.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: My attorney has not paid me my med pay from settlement over 9 months ago. How long can he withhold without accounting

My case settled in June 2023 except for insurer subrogation and med pay. Now he's stone walling me hasn't provided requested accounting or estimate of med pay from submitted bills to insurance. How can i obtain my final funds and how can i find out how much is actually due to me. I... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2024

Put your specific questions in writing to your attorney. If you do not get answers in a reasonable time hire another attorney pursue the attorney or file a complaint to the Bar.

1 Answer | Asked in Car Accidents for Virginia on
Q: My car was hit by someone at my work parking lot. I wasn't told but my boss knew. Can I sue for negligence?
Tim Akpinar
Tim Akpinar
answered on Dec 10, 2023

A Virginia attorney could advise best, but your question remains open for a week. Yes, you can. It would be handled as a PD, or property damage claim. You could probably handle it yourself through the property damage adjuster. Good luck

1 Answer | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: Was the sole person and vehicle in an accident. Officer issued a citation for "improper driving/control"

Instead of reckless driving. In court, the judge reviewed the charge and instructed the officer that LEO are not allowed to issue those types of tickets but that it's for a court to decide to downgrade a reckless charge to that. The judge informed me the commonwealth (state) could retry the... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2022

There probably very little chance they will bring the charge. They have up to one year. If you killed someone in the accident they likely would but in this situation there's probably very little chance they would do the extra work.

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Virginia on
Q: If I caught charges while on probation but my probation term ends before I’m found guilty of anything can I get violated
Brian M. Latuga
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Brian M. Latuga
answered on Oct 12, 2022

Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.

1 Answer | Asked in Car Accidents for Virginia on
Q: If I live in West Virginia, I sue someone who lives in New Jersey, seeking $25,000 for an accident that occurred in Flo

In an accident that occurred in Florida, what court has jurisdiction and what state do I file the lawsuit?

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

A West Virginia attorney could advise best, but your question remains open for two weeks. Please consider reaching out to attorneys to discuss this important issue of jurisdiction. This is not something for a quick general answer here. An experienced attorney will ask you questions about how you... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: Would a lawyer be able to help me?

I was in a car accident today, It was the other drivers fault as she ran a red light. My car is financed and i very good condition and low mileage but over 10 years old. Based on what i was being told my car is likely to be totaled (It has not been estimated yet) because of its age. The thing is,... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. It's possible a lawyer might not be able to do much. It looks like the insurance has conceded liability in your favor, 100% against the other vehicle. In terms of the threshold for totaling out the car,... View More

1 Answer | Asked in Car Accidents, Libel & Slander and Workers' Compensation for Virginia on
Q: Can an car accident defense attorney subpoena previous/future jobs for medical records? Can the employers refuse?

I was struck by an angry Road rager on January 31st 2020. Of course the road ranger lied in court and pretended that we were both at fault. So the judge, confused, dismiss the case. I appealed, have no attorney, and now we are headed to trial soon. Ironically enough, when I finally found another... View More

Tim Akpinar
Tim Akpinar
answered on May 25, 2022

A Virginia attorney is going to need to advise here, but your post remains open for two weeks. Making the call you are describing is often not a simple thing. Although you contend that the incidents are separate, and they well may be, defense attorneys will typically summon medical records on the... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Virginia on
Q: Can a car insurance company pay select medical bills? I really need to know before I sign

I went to court for a car accident. I was injured and not at fault but our cars didn't see much damage. I won but the settlement wasn't high enough to cover my treatment and etc so I filed an appeal but my attorney at that time refused to move forward with Me through the appeal So I did... View More

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. You ask if it is possible for defendant's insurance company to pay only select medical bills. In GENERAL NATIONWIDE, if your payment is coming from the bodily injury/liability department, they may not... View More

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Virginia on
Q: Can I take documents to trial? And what's the best way to represent Myself?

I am probably unlucky case wise. I'll start by saying I have scoliosis, My back is sensitive to impacts. I was Struck on 2 diff occasions by 2 diff women. 7/1 I was rear ended at a red light. The lady admitted fault but I wasn't awarded much because my car didn't show much damage.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2022

A Virginia attorney could advise best (or Massachusetts attorney, since Boston MA is also listed in your post?) That aside, your post remains open for three weeks. An attorney could have a difficult time advising here - they would likely want to see the files for both accidents.

I'm...
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