Virginia Car Accidents Questions & Answers

Q: I had a traffic accident. I wasn't injured but the at-fault driver is avoiding his insurance companies calls.

1 Answer | Asked in Car Accidents for Virginia on
Answered on Nov 14, 2018
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...

Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?

2 Answers | Asked in Car Accidents for Virginia on
Answered on Nov 1, 2018
Jan F Hoen's answer
Your question does not provide enough information.

Meet with an attorney to discuss the details.

Q: Hello

2 Answers | Asked in Contracts and Car Accidents for Virginia on
Answered on Oct 8, 2018
Peter Munsing's answer
How? We all have at one time or another.

Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Sep 23, 2018
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.

Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Answered on Aug 24, 2018
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...

Q: Pedestrian hit by a car. What are my options?

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Answered on Aug 24, 2018
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...

Q: My vehicle was hit by a Town of Pulaski, Virginia, lawn mower operator on a 25 mph road.

1 Answer | Asked in Car Accidents for Virginia on
Answered on Aug 17, 2018
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.

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

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Aug 17, 2018
Jan F Hoen's answer
If he suffered a physical injury, he would have a claim for compensation.

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

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

3 Answers | Asked in Car Accidents for Virginia on
Answered on Jul 18, 2018
Peter Munsing's answer
Yes. They should contact a member of the Virginia Trial Lawyers Association for the county where the crash happened. They give free consultations.

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

1 Answer | Asked in Car Accidents for Virginia on
Answered on Jun 13, 2018
Jan F Hoen's answer
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.

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.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Apr 16, 2018
Peter Munsing's answer
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 in what she gets.

You paid cash and didn't check to see if it was covered for collision? Sorry, that's likely on you.

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

1 Answer | Asked in Car Accidents for Virginia on
Answered on Apr 12, 2018
Jan F Hoen's answer
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 page, click on the Practice Areas tab and select from the dropdown menu "Do's and Don'ts When Handling an Injury Case".

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

1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
Answered on Apr 2, 2018
Christian Lassen's answer
The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

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

2 Answers | Asked in Car Accidents for Virginia on
Answered on Mar 13, 2018
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".

Q: I got in a small fender bender.

1 Answer | Asked in Car Accidents for Virginia on
Answered on Mar 9, 2018
Peter Munsing's answer
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.

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?

1 Answer | Asked in Car Accidents for Virginia on
Answered on Feb 16, 2018
Jan F Hoen's answer
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 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...

Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Answered on Feb 14, 2018
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.

Q: I was at work driving a tow truck and I hydroplane in the rain and flip my truck broke my neck and am c6&c7 paralyzed

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Feb 2, 2018
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.

Q: It has two years since an accident that is covered by WC. Recent complications indicate that Adrenal failure is present.

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Jan 25, 2018
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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